44. OVERTIME
44.1. General Conditions
44.1.1 SBS may require an Employee to work reasonable overtime, at overtime rates for employees who are entitled to earn them.
44.1.2 An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to:
(a) any risk to Employee health and safety;
(b) the Employee’s personal circumstances, including any family responsibilities;
(c) the needs of the workplace or enterprise;
(d) the notice (if any) given by SBS of the overtime and by the Employee of their intention to refuse it; and
(e) any other relevant matters.
44.1.3 Overtime will only be worked and payable at the request or approval of SBS.
44.2. When Overtime Is Payable
44.2.1 For Shiftworkers (other than Casual Employees, to whom clause 44.2.3 applies), overtime will be payable for all hours of work performed in excess of 152 hours over a 4 week work cycle.
44.2.2 For Employees other than Shiftworkers, overtime will be payable where work is performed:
(a) on Monday to Friday, either before 7:00 am or after 7:00 pm;
(b) on Monday to Friday, for hours in excess of 11 per day; and
(c) for all work on a Saturday, Sunday or SBS Holiday.
44.2.3 In addition to the entitlement in clause 44.2.2 (if applicable), Casual Employees will be entitled to overtime where a Casual Employee works in excess of:
(a) 12 ordinary hours on a day or shift; or
(b) 38 ordinary hours in a week, with each week beginning on the same day as the start of the Casual Employee’s pay cycle.
44.3. Overtime Rates
44.3.1 The rate of payment for overtime will be as set out in the following table:
|
When overtime is worked |
Rate of pay |
|
Monday to Friday |
Time and a half |
|
Saturday or Sunday |
Double time |
|
On an SBS Holiday |
Double time and a half |
Overtime rates apply instead of, and are not cumulative upon, any shift penalty, composite loading or public holiday penalty that would otherwise apply.
44.4. Calculation of Overtime
44.4.1 Overtime payments will be calculated on an Employee’s base salary, plus any applicable higher duties allowance or casual loading.
44.4.2 Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime claimed each fortnight.
44.5. Minimum Payment
44.5.1 Where Employees are required to work overtime that is not continuous with the ordinary hours of duty (that is, separate overtime rather than overtime which precedes or follows their ordinary hours of work), they will be paid a minimum of 4 hours overtime.
44.5.2 If overtime is performed both before and after midnight and a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
44.5.3 The minimum payment set out in this subclause does not apply to Emergency Duty as dealt with in clause 47.
44.6. Excluded Employees
44.6.1 Employees engaged in Levels 5 to 7 are not eligible for overtime payments or time off in lieu, except as otherwise provided in this subclause.
44.6.2 Journalists at all salary levels will be eligible to be paid overtime. However, where overtime is payable to Journalists classified at Journalist Level 4, the overtime will be paid at the rate of $52,565 per annum.