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What are 'ordinary hours' under SCHADS? (25.1a)
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(a) 38 hours per week or an average of 38 hours per week
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How are 'ordinary hours under SCHADS spread by week, fortnight, month? (25.1aa)
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(i) in a week of five days in shifts not exceeding eight hours each;(ii) in a fortnight of 76 hours in 10 shifts not exceeding eight hours each;or(iii) in a four week period of 152 hours to be worked as 19 shifts of eight hours (why 19, not 20?) each,subject to practicality.
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What is the max number of hours employees can work per shift by agreement? (25.1b) SCHADS
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(b) By agreement,the ordinary hours in clause 25.1(a) may be worked up to 10 hours per shift.
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SCHADS: what is the span of hours a day worker can word ordinary hours?
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The ordinary hours of work for a day worker will be worked between 6.00 am and 8.00 pm Monday to Sunday.
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SCHADS: Overtime/Travel: Are employees entitled to overtime during the travel time in the following:1. during ordinary hours2. outside of ordinary hours + they do work that is authorised3 outside or ordinary + they don't work
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YES 1. during ordinary hours of work, they are paid their normal salary, irrespective of whether they are performing work during that travel time.
YES 2. outside of their ordinary work hours and undertakes work that is authorised during the period of travel overtime or TOIL is payable. NO 3. outside of their ordinary work hours and does not work during the period of travel then they are not entitled to any payment (salary or overtime or TOIL) for that travel time. |
Are employees entitled to overtime while travelling overseas and need to attend a dinner?
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Employees are required or expected to attend a dinner while overseas then this would be considered 'time worked' and would need to be paid. If outside of ordinary hours, the employee would be entitled to overtime or TOIL. Is this also true for employees not travelling overseas or domestically?
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Can employees be recalled for on-call during an approved leave period?
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No, according to RC On Call Policy.
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What are the SCHADS recall rates? (2)
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1. Recall from Monday after ordinary hour to Friday after ord hours = 2% of standard rate for any 24 hour period (what does this part mean?) 2. Recall during other periods, including public holidays or part thereof is 3.96%
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What's the minimum an employee can be recalled for?
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Under clause 28.4, an employee recalled to work overtime after leaving the employer’s or client’s premises will be paid for a minimum of two hours’ work at the appropriate rate for each time so recalled.If the work required is completed in less than two hours the employee will be released from duty.
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What constitutes recall?
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Recall can include work both in the office and remotely.Currently something as minimal as answering the phone and doing work would constitute a recall.
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What happens when Award pay rates change for staff on or above the rates?
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Pay rates under the SCHADS Award are adjusted twice a year (1 July & 1 Dec) following the Fair Work Commission's Annual Wage Review. If you are being paid at the award rate of pay, you will receive at least the minimum increase(s) determined by the Fair Work Commission. If you are being paid above the award rate of pay, you will always receive at least any increase(s) necessary to ensure that your rate of pay is equal to the new award rate of pay.
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How will new or replacement roles be classified and rate of pay determined going forward?
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All replacement or newly created roles will be classified under correct award classification levels, but to determine the rate of pay, we’ll always consider four key factors –1 the award rate2 the market rate for that position,3 the rate other people in similar roles in the org4 the organisation and team’s budget to hire
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When are employees entitled to overtime?
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Full time employees are only entitled to be paid for overtime that has been authorised to be worked, andpart time and casual employees are paid overtime when the time has been authorised to be worked and their weekly hours exceed 38 or in excess of 10 hours in a day.
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How is overtime and TOIL approved?
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-In advance-in writing(current Hours of Work, Time in Lieu and Overtime Policy) The policy provides that retrospective authorisation of TOIL should only occur in exceptional circumstances. A Manager's request of a staff member may also reflect an approval to perform overtime, "I need this work completed by first thing in the morning - don't leave until its done", but may also not necessarily reflect an authorisation for overtime - eg the creation of a monthly report that forms part of the employee's ordinary duties. The key distinction here is the communication with the Manager and the provision of approval.
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Overnight allowance. Is this only interstate or can it be interstate?
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There is no differentiation by state, or interstate requirement, under the Award. An employee required to stay away from home overnight will be reimbursed the cost of reasonable accommodation and meals. Reasonable proof of costs incurred is to be provided by the employee to the employer.
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