Section H - Working arrangements outside of ordinary hours and additional hours

Updated: 6 December 2016

36 Overtime (APS 1–6 Level Employees)

36.1 APS 1–6 Level Employees will, to the extent possible, make themselves available to work reasonable additional hours to meet operational requirements. Where operational requirements necessitate, the Electoral Commissioner may direct an Employee to work outside the standard work pattern on any day.

36.2 Subject to a direction by the Electoral Commissioner, overtime rates will be paid for additional hours performed by an Employee:

  1. on a Saturday or Sunday or public holiday; or
  2. on a Monday to Friday, outside the bandwidth; or
  3. on a Monday to Friday inside the bandwidth if the Employee:
    1. has in excess of their maximum flextime carryover; and
    2. works in excess of 7.5 hours inside the bandwidth on that particular day; and
    3. the work is continuous with ordinary duty; or
  4. on a Monday to Friday inside the bandwidth if the Employee works in excess of 7.5 hours inside the bandwidth on that particular day and also works until 8pm or later on the same day and the work is continuous with ordinary duty; or
  5. beyond 9.5 ordinary hours worked in any one day, unless it is part of an agreed work pattern.

36.3 Part-time Employees will be paid overtime rates for any additional hours performed at the direction of the Electoral Commissioner that are in excess of 37.5 hours per week (unless those hours are performed on weekends and public holidays, in which clause 36.4 would apply).

36.4 The following rates for overtime payment will apply:

Period Overtime rate
Monday to Saturday Time and one half for the first three hours each day and double time thereafter.
Sunday Double time.
Public holiday Time and one half additional to the single time Employees are already paid for the public holiday for the first 7.5 hours.
Double time and one half for duty in excess of 7.5 hours.

36.5 Where a period of additional hours is not continuous with ordinary duty, the minimum period of payment for such work will be four hours at the overtime rate. Continuity is broken when the Employee is directed to perform additional hours with more than one hour break from when ordinary duty ceased or would normally commence. An unpaid meal break does not break continuity with ordinary duty.

36.6 Employees performing work directed by the AEC in locations outside Australia will not be eligible for overtime payments.

36.7 Non-ongoing employees who are directed to work additional hours that do not meet the eligibility criteria for overtime in clause 36.2 may be paid single time for those hours where it is not practicable for them to accrue or use flextime provisions.

36.8 To enhance flexibility, and subject to operational requirements, an Employee may at their discretion elect to accrue flextime on an hour for hour basis as an alternative to payment for overtime. In circumstances where an Employee elects to accrue flextime, this will be in accordance with clause 31. For the avoidance of doubt, an Employee will not receive both flextime and payment for overtime for the same period of work.

36.9 An Employee will only be required to work additional hours if they are considered reasonable. In accordance with section 62 of the FWA, an Employee may refuse to work additional hours if they are unreasonable.

37 EL Employees' additional hours

37.1 Overtime provisions for EL Employees will only apply in exceptional circumstances, on a case by case basis, at the direction of the Electoral Commissioner. EL Employees may generally access the TOIL provisions under clause 33 for additional hours worked.

38 Rest relief after working additional hours

38.1 Where an Employee is directed to work additional hours, they will be entitled to an eight hour break, plus reasonable travelling time, before recommencing ordinary duty without incurring any loss of pay or deduction from flextime.

38.2 Where an eight hour break is not possible due to operational requirements, the Electoral Commissioner may direct the Employee to return to duty without the eight hour break. If such a direction is given, the Employee will be paid double time for the next period of work until an eight hour break can be taken.

39 Transport, travel time and excess fares

39.1 Generally, Employees are responsible for transporting themselves to and from their usual place of work at their own expense.

Use of official transport

39.2 The Electoral Commissioner may approve the use of official transport, including a taxi service, in certain circumstances when an Employee is directed to work additional hours or work outside the Bandwidth.

Excess travelling time

39.3 In circumstances where an Employee at or below the second pay point of the APS 4 level is directed by the Electoral Commissioner to temporarily work away from their usual place of work, the Electoral Commissioner may approve payment of the difference between the time the Employee spends travelling to the temporary place of work and the time usually spent travelling to and from their usual place of work, provided that the total additional hours travelling are in excess of 1.5 hours per day or 2.5 hours per week.

39.4 The Salary rate that excess travelling time payments will be calculated against will be the Employee's Classification, but will not exceed the maximum pay point for an APS 3 Classification. The payment rate will be single time from Monday to Saturday, and time and a half for Sundays and public holidays.

Excess fares

39.5 An Employee will be entitled to reimbursement of excess fares when directed by the Electoral Commissioner to temporarily work away from their usual place of work, and when the cost of travel to and from the Employee's temporary place of work is greater than the cost of travel to and from the Employee's usual place of work. Excess fares are not reimbursed where the Employee is receiving travel allowance or has moved in anticipation of a permanent reassignment of duties.

40 Overtime meal allowance

40.1 Where an Employee is directed to work additional hours for a continuous period to the completion of, or beyond, a meal period, and they take an unpaid meal break of at least 30 minutes duration, they will be paid a meal allowance.

40.2 Meal allowance is payable only in relation to actual additional hours worked and not where a minimum overtime payment in effect pays an Employee for a period that spans a meal break.

40.3 Subject to working in accordance with clause 40.1, an EL Employee is eligible to receive payment for an overtime meal allowance, regardless of whether overtime has been paid or not.

40.4 The AEC will pay an overtime meal allowance with reference to the rates advised by the relevant subscription service.

40.5 The Electoral Commissioner may authorise the advance payment of a meal allowance through petty cash in emergency situations.

40.6 A meal period for the purposes of this clause means any of the following periods:

  1. 7am to 9am; or
  2. midday to 2pm; or
  3. 6pm to 7pm; or
  4. midnight to 1am.

41 Out of hours restriction allowance

41.1 Where the Electoral Commissioner directs an Employee to be contactable and available to work (on-call) for a specified period outside the bandwidth, the Employee, other than an EL Employee, will be paid an out of hours restriction allowance at a rate of:

  1. 7.5% of their Hourly Rate of Salary for each hour restricted on Monday to Friday;
  2. 10% of their Hourly Rate of Salary for each hour restricted on weekends; and
  3. 15% of their Hourly Rate of Salary for each hour restricted on a public holiday.

41.2 An Employee cannot be paid an out of hours restriction allowance and Emergency Duty allowance or overtime for the same period. Where an Employee on-call, other than an EL Employee, is required to work, they will be paid overtime in accordance with clause 36.2. The minimum payment for overtime purposes will be three hours.

41.3 The Electoral Commissioner may approve the payment of an out of hours restriction allowance to an EL Employee in exceptional circumstances. The maximum pay point for an APS 6 Classification will be used to calculate the Hourly Rate of Salary for an EL Employee for out of hours restriction allowance purposes.

42 Emergency Duty allowance

42.1 Where an Employee other than an EL Employee, who is not on-call, is directed by the Electoral Commissioner to perform Emergency Duty they will be paid for the period of work, and any time necessarily spent in travelling to and from the work site, at the rate of double time. The minimum payment for such work will be three hours at double time.

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