DEC. 14.]

in accordance with this paragraph the General Manager
may grant such leave of absence to compensate therefor
as he may deem equitable in each case.

“ (2) In the case of employees in Division I who are entitled
to the payment of overtime, ordinary time shall be defined
as follows:—

“ (a) At such stations and offices and in respect of such
positions as may be specified in that behalf
by the General Manager, thirty-eight hours
per week.

“ (b) In all other cases forty hours per week.

“ (3) Ordinary time shall be exclusive of meal-times and
time worked on Sundays.

“ 98. (1) Subject to the provisions of this regulation
which applies only to employees in Division I, time worked
in excess of forty hours in any week shall be overtime and
shall be paid for as hereinafter prescribed by this regulation.

“ (2) Payment for overtime shall not be made to any
employee who is in receipt of remuneration at a rate equivalent
to not less than £470 per annum or who is regularly employed
as an inspector.

“ (3) Time worked by any employee while engaged in
inspectorial or other duties the nature of which precludes
the allotment of specified hours of duty shall not be included
in reckoning the weekly total of hours for overtime purposes.

“ (4) The rate of payment for each hour of overtime shall
be one-fortieth of the salary ordinarily payable to the employee
for the week during which the overtime is worked, and, in
calculating such salary, no allowances or additional payments
shall be included other than the following:—

“ (a) Allowance for performing duties in a higher capacity
than that in which the employee is ordinarily
engaged;

“ (b) Allowance for the purpose of giving effect to the
Public Service Remuneration Order 1938, which
provides minimum rates of remuneration for
adult and married employees.

“ (5) (a) The maximum sum payable to any employee
for overtime during any four-weekly accounting period
shall not exceed the difference between the salary ordinarily
payable to him for such period (calculated in accordance
with paragraph (4) of this regulation) and the amount of
salary which, for the same period, would be paid to an
employee who is in receipt of a salary of £470 per annum.

“ (b) In every case where it is proposed to make retro-
spectively any adjustment in the salary, allowances, or
overtime payments of any employee in respect of any four-
weekly accounting period, regard shall be had to the payments
already made to such employee in respect of that period
in order that effect shall be given to subparagraph (a) of this
paragraph.

“ (6) Time worked in excess of forty hours in any week
shall be taken into account for payment purposes only—

“ (a) If the working thereof is due to a special emergency
or to unavoidable circumstances including, in
the case of any employee who is required to
be on duty in connection with the running of
trains, the late or altered running of any train
or the running of any special train; or

“ (b) If the hours specified in the employee’s duty
roster for the week amount to more than forty,
including any time allowance to which he may
be entitled under paragraphs (8), (9), or (10)
of this regulation : Provided that this sub-
paragraph shall apply only to the number of
hours in excess of forty specified in the roster
and provided further that the provisions of
this subparagraph shall not deprive any em-
ployee of his right to the payment of overtime
under any other provision of these regulations ;
or

“ (c) In the case of any foreman or subforeman, if such
employee is required to be on duty outside of
his scheduled or customary hours of attendance
for the purpose of supervising the work of
Division II employees under his control; or

“ (d) In any case not otherwise specified, if the employee
is specially ordered by his controlling officer
to be on duty at a time when he is not required
by the duty roster to be in attendance : Pro-
vided that periods of less than fifteen minutes
worked in excess of any scheduled daily shift
under the provisions of this subparagraph,
shall not be taken into account.

“ (7) Except as provided in subparagraph (d) of paragraph
(6) of this regulation, payment for overtime shall be calculated
to the nearest quarter-hour.

“(8) (a) In the weeks which include any of the following
days, namely, Anzac Day, the Sovereign’s Birthday, and
Labour Day, time worked on any of such days shall be included
in reckoning the weekly total of hours for overtime purposes.

“(b) In the weeks which include Christmas Day or Good
Friday, time worked on either of such days shall (subject
to the provisions of subparagraph (a) of paragraph (3) of
Regulation 101) be included in reckoning the weekly total of
hours for overtime purposes notwithstanding that the
employee elects to be paid for the time worked on such days
in accordance with paragraphs (1) and (2) of Regulation 101
in lieu of being granted additional leave under the provisions
of Regulation 125.

“(c) If any employee is booked off duty on a departmental
holiday (being one of the days specified in subparagraphs (a)
and (b) hereof) and such holiday falls on a day on which such
employee would ordinarily have been on duty, there shall
for overtime purposes be added to the weekly total of hours
worked by such employee the time which he would ordinarily
have been scheduled to work on such day, subject, however,
to a limitation of eight hours.

“(d) If an employee who is booked off duty on a
departmental holiday defined as aforesaid would, in any case,
have been booked off for the purpose of adjusting his hours
of work for the week, such employee shall be entitled, at his
option:—

“(i) To have six hours forty minutes added for overtime
purposes to the number of hours actually worked
by him during the week in which such holiday
occurs; or

“(ii) To have one day added to the period of his next
ordinary leave of absence.

“(9) In respect of any working day on which any employee
is granted leave without pay or upon which he takes a
portion of his ordinary leave of absence, there may for
overtime purposes be added to the weekly total of hours
worked by him the time which he would ordinarily have
been scheduled to work on such day subject, however, to a
limitation of eight hours.

“(10) In respect of periods of time during which any
employee is travelling on duty there may for overtime pur-
poses be added to the weekly total of hours worked by him
an allowance equal to the time he is actually occupied in
travelling : Provided, however, that no account shall be
taken of any time in excess of an aggregate period of six
hours forty minutes occupied in travelling on duty during
any period of twenty-four hours calculated from the time of
departure in pursuance of the duty on which the employee
is required to travel.

“(11) The time to be taken into account for overtime
purposes shall not include time during which any employee
is on duty on Sunday or time during which any employee is
granted leave on pay on account of emergency or sickness.

“(12) Payment for overtime claimed shall be subject to
the employee’s controlling officer certifying that the overtime
was actually worked and that the working thereof was
essential and subject also to the head of the branch or the
district officer, as the case may be, being satisfied as to the
merit of the claim.

“(13) If any question shall arise in any particular case as
to whether or not any employee in Division I is entitled to
payment for overtime, such question shall be determined by
the General Manager.”

3. By revoking Regulation 100.

4. By revoking Regulation 101 and substituting in lieu
   thereof the following:—

‘101. (1) Time worked by any employee in Division I on
Sundays in pursuance of authority given in that behalf by
the General Manager, and time worked on Sundays by any
such employee when commencing or continuing a shift
forming part of his ordinary week’s work shall be paid for at
rate and one-half of the overtime rate as defined in para-
graph (4) of Regulation 98: Provided that in no case shall
the rate of payment be less than 2s. 3d. per hour nor more
than 6s. 9d. per hour.

“(2) Payment for work performed by employees in
Division I on Sundays (except in the case of the commence-
ment or continuation of a shift as aforesaid) shall be subject
to the following minima, namely:—

“(a) In respect of one attendance only: Two hours.

“(b) In respect of two attendances on the same Sunday:
Four hours:

Provided that for the purpose of computing
such minimum period of four hours the time
worked during both attendances shall be taken
into account; and provided always that if the
employee is booked off duty during either
attendance to enable him to obtain meals,
such booking off shall not, to the extent of
one hour for each meal, be deemed to be a
break in the continuity of attendance.