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

MINIMUM BREAK BETWEEN SPELLS OF DUTY. a) A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying periods of work for the purposes of this clause are: (i) A duty, including any overtime worked either as an extension or as a separate duty; or (ii) Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. c) If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) 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. d) Except, for those employees who are called back between 2300 and 0500 hours, the break must be provided afterwards as specified below, unless otherwise agreed between the employer and the employee: (i) A nine (9) hour break shall be provided; (ii) Time spent off duty during ordinary working hours solely to obtain a nine hour break shall be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. e) If a break of at least nine (9) continuous hours - or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. f) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.

MINIMUM BREAK BETWEEN SPELLS OF DUTY. a) 6.5.1 A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of workduty of a full shift or more. Qualifying periods of work for the purposes of this clause are: (i) A duty, including any overtime worked either as an extension or as a separate duty; or (ii) Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. 6.5.2 Periods of a full shift or more include: a) Periods of normal rostered work; or b) Periods of overtime that are continuous with a period of normal rostered work; or c) Full shifts of overtime/call-back duty. 6.5.3 This requirement to provide a break wherever possible applies whether or not any additional payment will apply under the provisions of this clause. 6.5.4 If a break of at least nine (9) continuous hours-or twelve (12)- cannot be provided between qualifying periods, the period is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at overtime rates. 6.5.5 The additional payment provisions of this clause will not apply in any case where the result would be to given an employee a lesser payment than would otherwise have been received. 6.5.6 Time spent off duty during ordinary hours solely to obtain a nine (9)- or twelve (12) hour break shall be paid at normal hourlyrate of pay. Any absence after ninth-twelfth continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. 6.5.7 Authorised absences, either with or without pay, are as provided for in this agreement and shall be counted as actual hours worked for the purposes of calculating overtime. 6.5.8 If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) continuous hours must be provided either before or after the call-back. If such a break has been provided before the them call-back it does not have to be provided afterwards as well. d) 6.5.9 Except, for those employees who are called back between 2300 and 2300-0500 hours, the break must be provided afterwards as specified belowafterwards, unless otherwise agreed between the employer and the employee: (i) A nine (9) hour break shall be provided; (ii) Time spent off duty during ordinary working hours solely to obtain a nine hour break shall be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. e) If a break of at least nine (9) continuous hours - or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. f) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.

MINIMUM BREAK BETWEEN SPELLS OF DUTY. a) 7.4.1 A break of at least nine (9) continuous hours must be provided wherever possible between any two qualifying periods of work. Qualifying periods of work for the purposes of this clause are: (i) A duty, including any overtime worked either as an extension or as a separate duty; or (ii) Call-back where eight (8) hours or more are worked continuously. b) Except that if a ten (10) hour duty has been worked then a break of twelve (12) consecutive hours must be provided wherever possible. c) If whenever possible during the fifteen hours that immediately precede the start of a call-back duty of less than a continuous eight (8) hour period is worked between two other qualifying periods of work, a break of nine (9) continuous hours must be provided either before full shift or after the call-backmore. If such a break has been provided before the call-back it does not have to be provided afterwards as well. d) Except, for Except those Pathlab Lakes employees who are called back between 2300 2400 hours and 0700 hours on Monday or the first morning after a public holiday and who would normally be required to commence work at 0800 hours, shall be entitled to a paid break of one hour for every hour worked inclusive of travelling time before commencing their normal shift. And; Except that where a Pathlab Whakatane employee works between the hours of 0200 hours and 0500 hours, the a nine hour break must also be provided afterwards as specified below, after the call back unless otherwise agreed between the employer and the employeemutually agreed. 7.4.2 Periods of a full shift or more include: (ia) A Periods of normal rostered work; or (b) Periods of overtime that are continuous with a period of normal rostered work; or (c) Full shifts of overtime/call-back duty. 7.4.3 This requirement to provide a break wherever possible applies whether or not any additional payment will apply under the provisions of this clause. 7.4.4 If a break as required under clause 7.4.1 above cannot be provided between periods of qualifying duty, the duty is to be regarded as continuous until a break of at least nine (9) hour break continuous hours is taken and it shall be provided;paid at overtime rates, with proper regard to the time at which it occurs and the amount of overtime which precedes it. (ii) 7.4.5 The additional 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. 7.4.6 Time spent off duty during ordinary working hours solely to obtain a nine nine-hour break shall be paid at ordinary time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. e) If a break of at least nine (9) continuous hours - or twelve (12) – cannot be provided between qualifying periods of work, the period of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it shall be paid at the overtime rate. f) Time spent off duty during ordinary hours of work solely to obtain a nine (9) – or twelve (12) – hour break shall be paid at the normal hourly rate of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from duty.

MINIMUM BREAK BETWEEN SPELLS OF DUTY. a) 9.1 A break of at least nine (9) continuous hours must will be provided wherever possible between any two qualifying periods of work. Qualifying periods duty of work for the purposes a full shift or more. 9.2 Periods of this clause area full shift or more include: (i) A duty, including any overtime worked either as an extension or as a separate dutyPeriods of normal rostered work; or (ii) CallPeriods of overtime that are continuous with a period of normal rostered work; or (iii) Full shifts of overtime/call-back where eight (8) hours or more are worked continuouslyduty. b) Except that if 9.3 This requirement to provide a ten (10) hour duty has been worked then break wherever possible applies whether or not any additional payment will apply under the provisions of this clause. 9.4 If a break of twelve (12) consecutive at least nine continuous hours must cannot be provided wherever possible. c) If a call-back of less than a continuous eight (8) hour period is worked between two other qualifying periods of workqualifying duty, the duty is to be regarded as continuous until a break of at least nine (9) continuous hours must is taken and it shall be provided either before or after paid at overtime rates, with proper regard to the call-back. If such a break has been provided before time at which it occurs and the call-back it does not have to be provided afterwards as wellamount of overtime which precedes it. d) Except, for those employees who are called back between 2300 and 0500 hours, 9.5 The additional payment provisions of this clause will not apply in any case where the break must result would be provided afterwards as specified below, unless to give an employee a lesser payment than would otherwise agreed between the employer and the employee:have been received. (i) A nine (9) hour break shall be provided; (ii) 9.6 Time spent off duty during ordinary working hours solely to obtain a nine hour break shall be paid at ordinary normal time rates. Any absence after the ninth continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. e) 9.7 If an employee is absent for any day, days or part of a break day on account of at least nine (9) continuous hours - annual, sick or twelve (12) – cannot be provided between qualifying periods of workother leave, either with or without pay, the qualifying period for the payment of work is to be regarded as continuous until a break of at least nine (9) or twelve (12) continuous hours is taken and it overtime shall be paid at reduced by the overtime rate. f) Time spent off duty during employee's ordinary or rostered hours of work solely to obtain a nine duty (9) – or twelve (12) – hour break shall be paid at not exceeding the normal hourly rate number of pay. Any absence after the ninth – or twelfth – continuous hour of such a break, if it occurs during ordinary hours of work, shall be treated as a normal absence from dutythe rostered shift) for such absences.