15. OVERTIME

15.1 General Overtime Provisions

15.1.1 The Controlling Authority may require a member to work overtime.

15.1.2 No overtime shall be worked without the approval of the Controlling Authority. Where practicable, prior approval shall be obtained.

15.1.3 Overtime shall be all time worked:

(a) on a rostered or accrued day off;

(b) before the rostered commencing time and after the rostered finishing time on a rostered day;

(c) in excess of 96 hours in a fortnight pay period; and (d) in excess of 38 hours per week in a complete roster cycle.

15.1.4 Overtime does not include:

(a) unpaid meal breaks; and

(b) travelling time from a member's residence to his or her place of work for overtime and return to his or her residence, except as provided in subclause 15.3 - Call Back.

15.1.5 Members shall, for overtime performed, be paid at all times at the rate of double his or her normal salary rate.

15.1.6 Where the Controlling Authority and the member concerned agree to have time off in lieu of overtime payment, the member shall be compensated on an hour for hour basis.

15.1.7 Payment for overtime is inclusive of, and not cumulative upon, all other penalty payments.

15.1.8 The following members shall not be eligible for payment for overtime or time off in lieu of overtime under this clause:

(a) officers;

(b) a member in receipt of a designated One or Two Member Station Allowance unless provided for in accordance with paragraph 9.3.5;

(c) a member required to perform sea going duties who is away from his or her place of residence overnight;

(d) a sergeant required to perform the duties of an officer, and who, while so doing, is paid higher duties allowance; and

(e) a member other than an approved member of the instructional staff, who is accommodated at the Police Academy and/or catered for with meals during the period of a trainee constables program, in-service course or other activity deemed by the Commander, Human Resources, to be a training activity.

15.2 Rest Period After Overtime

15.2.1 When overtime is necessary it shall, whenever reasonably practicable, be so arranged that members have at least eight consecutive hours off duty between the work of successive days.

15.2.2 A member who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that he or she has not had at least eight consecutive hours off duty between those times shall be released after completion of such overtime until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

15.2.3 A member directed to resume duty, other than court duty beyond the control of the officer-in-charge other than members in receipt of a designated One or Two Member Station Allowance unless provided for in accordance with paragraph 9.3.5, before a period of eight consecutive hours has elapsed from the time of ceasing overtime work on one day and commencing ordinary work on the next shall be paid for ordinary hours worked, double time until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time during such absence.

PROVIDED that this clause shall not apply to a member performing supervisory duties at the Police Academy.

15.3 Call Back
(this sub-clause amended - T12508 of 2006 refers. Effective from 20/02/2006).

15.3.1  A member other than a member not eligible for overtime prescribed in sub-clause 15.1.8 recalled to work overtime after finishing work shall be paid for all time worked with a minimum of four hours at the overtime rate unless notified as in 15.3.3.

15.3.2  In respect of subsequent call backs occurring during the four hour period for which a minimum time payment has been attracted, no extra payment shall accrue until expiration of four hours from the commencement of the first call back.

15.3.3  Where a member other than a member not eligible for overtime prescribed in sub-clause 15.1.8 is recalled to work overtime:

(a)    That commences prior to and is continuous with the normal commencement of a rostered shift, and

(b)   the member has been notified of the call back either before or within two hours of finishing work,

the member shall be paid for the hours worked at the overtime rate.

15.3.4  Time reasonably spent in travelling to and from work in connection with a recall, with the exception of sub-clause 15.3.3, shall be regarded as time worked.

15.3.5 The provisions of clause 15.2 apply in all circumstances in relation to the call back clauses.

15.4 Overtime and Child Care Costs

Where a member is directed to resume duty outside their normal rostered hours without 12 hours notice, and as a result incurs additional commercial child care costs, such costs will be reimbursed by the employer where the member is able to demonstrate the costs and no alternative family arrangements were able to occur.