Common use of MINIMUM BREAK BETWEEN SPELLS OF DUTY Clause in Contracts

MINIMUM BREAK BETWEEN SPELLS OF DUTY. 5.4.1. A break of at least ten continuous hours must be provided wherever possible between any two periods of duty of a full shift or more. 5.4.2. Periods of a full shift or more include: i. periods of normal rostered work; or ii. periods of overtime that are continuous with a period of normal rostered work; or iii. full shifts of overtime/call back duty. 5.4.3. This requirement to provide a break wherever possible applies whether or not any additional penalty payment will apply under the provisions of this clause. 5.4.4. If a break of at least nine continuous hours cannot be provided between periods of qualifying duty, the duty is to be regarded as continuous until a break: of at least nine continuous hours is taken and it will be paid at overtime rates, with proper regard to the time at which it occurs and the amount of overtime which precedes it. 5.4.5. The penalty payment provisions of this clause will not apply in any case where the result would be to give an employee a lesser payment than would otherwise have been received. 5.4.6. Time spent off duty during ordinary working hours solely to obtain a nine-hour break will be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, will be treated as a normal absence from duty. 5.4.7. If a call-back of less than a full shift is worked between two periods of duty of a full shift or more a break of nine continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well.

MINIMUM BREAK BETWEEN SPELLS OF DUTY. 5.4.1. 5.4.1 A break of at least ten continuous hours must be provided wherever possible between any two periods of duty of a full shift or more. 5.4.2. 5.4.2 Periods of a full shift or more include: i. (i) periods of normal rostered work; or (ii. ) periods of overtime that are continuous with a period of normal rostered work; or (iii. ) full shifts of overtime/call back duty. 5.4.3. 5.4.3 This requirement to provide a break wherever possible applies whether or not any additional penalty payment will apply under the provisions of this clause. 5.4.4. 5.4.4 If a break of at least nine continuous hours cannot be provided between periods of qualifying duty, the duty is to be regarded as continuous until a break: break of at least nine continuous hours is taken and it will be paid at overtime rates, with proper regard to the time at which it occurs and the amount of overtime which precedes it. 5.4.5. 5.4.5 The penalty payment provisions of this clause will not apply in any case where the result would be to give an employee a lesser payment than would otherwise have been received. 5.4.6. 5.4.6 Time spent off duty during ordinary working hours solely to obtain a nine-hour break will be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, will be treated as a normal absence from duty. 5.4.7. 5.4.7 If a call-back of less than a full shift is worked between two periods of duty of a full shift or more a break of nine continuous hours must be provided either before or after the call-back. If such a break has been provided before the call-back it does not have to be provided afterwards as well.