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(1) An employee authorised to work overtime will be paid overtime in accordance with this Agreement provided that an employee may elect to accrue time off in lieu of payment proportionate to the payment to which the employee is entitled. Such time off will be taken at a mutually convenient time.

(2) A part time employee who is authorised to work overtime will be paid overtime for hours in excess of the normal full time shift length for that unit, or more than 38 hours per week in accordance with the provisions of subclauses (3) (a), (b) and (c) of this clause.

(3) Except as otherwise provided by this Agreement, all time worked in excess of the ordinary working hours will be paid for as follows:

(a) For all authorised overtime worked by a full-time employee in excess of their rostered ordinary hours of work outside the ordinary hours of their shift Monday to Saturday inclusive, payment will be made at the rate of time and a half for the first three hours and double time thereafter.

(b) For all authorised overtime worked on a Sunday by a full-time employee payment will be made at the rate of double time.

(c) For all authorised overtime worked on a public holiday by a full-time employee payment will be made at the rate of double time and a half.

(d) Subject to subclause (2) of this clause for all authorised time worked by a part-time employee in excess of rostered hours the employee shall:

(i) Receive credit for those hours in the accumulation of other pro rata entitlements and be paid at the rate of ordinary time for all hours worked less than 38 hours per week; or

(ii) Be paid at ordinary time and receive an allowance equal to that provided to casual employees under this Agreement for such hours worked less than 38 per week.

(4) 9.5 Hour Breaks

(a) Where overtime is worked there shall be a break of 9.5 hours between shifts.

(b) Provided that an employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 9.5 consecutive hours off duty between those times will be released after completion of such overtime until the employee has had 9.5 consecutive hours off duty without loss of pay for ordinary working time occurring during such absences.

(c) Provided that where an employee whose next rostered shift is day duty is required to either:

(i) immediately after an evening shift, work overtime extending beyond midnight; or

(ii) return to work on overtime prior to commencing day shift and the overtime ceases before the commencement of that day shift that employee shall, subject to subclause (4)(d) of this clause, be released from the requirement to be present for day duty without loss of ordinary wages until a period of 9.5 consecutive hours has elapsed since the completion of the overtime. (d) If, on the instruction of the Employer, such employee resumes or continues work

without having had such 9.5 consecutive hours off duty, the employee will be paid at double rates until released from duty for such period and the employee will then be entitled to be absent until the employee has had 9.5 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(e) The provisions of subclause (4)(b) of this clause will apply in the case of shift employees who rotate from one shift to another, when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shift employee does not report for duty; or

(iii) where a shift is worked by arrangement between the employees themselves. (5) Meal Breaks

(a) The Employer will ensure that an employee working overtime for an hour or more will be provided with any of the usual meals or refreshment breaks occurring during such overtime.

(b) When an employee has not been notified the previous day or earlier that the employee is required to work overtime, the Employer will ensure that employees working such overtime for an hour or more will be provided with any of the usual meals occurring during such overtime or be paid an allowance in accordance with the following table for each meal.

First pay period on or after date of Registration of this Agreement

First pay period on or after 1 July 2011

First pay period on or after 1 July 2012

$8.01 $8.33 $8.70

(c) If an employee having received prior notification of a requirement to work overtime is no longer required, then the employee will be entitled to reimbursement for a meal previously purchased at the rate prescribed in subclause (5)(b) of this clause. (6) There will be no fixed hours for all Senior Registered Nurses employed at Levels 5 – 10 of

(7) Notwithstanding any other provision of this Agreement, Overtime may be commuted to an annual amount, paid pro-rata fortnightly, by agreement between the Employer and employee.

Casual Employees

(8) (a) Casual employees shall be entitled to payment at overtime rates in prescribed circumstances and in all cases the casual loading will be absorbed into the applicable overtime rate.

(b) Where a casual employee is offered and accepts additional work at or immediately prior to the completion of their rostered hours on any day, additional hours worked:

(i) up to the normal full-time shift length for the unit in which the work in undertaken will be paid at casual rates;

(ii) in excess of the normal full-time shift length for the unit in which the work in undertaken will be paid at overtime rates;

provided that if there is no normal full-time shift length the default shift length is ten hours.

(c) A casual employee may not elect to accrue time off in lieu of payment of overtime rates.

(d) Where a casual employee is offered and accepts additional work after the completion of their rostered hours on any day the hours so worked are not overtime.