Common use of Minimum Rest Periods Clause in Contracts

Minimum Rest Periods. (a) Subject to subclauses 15.1(b) and 15.4 – Special Provisions For Fire Emergency Callouts during Weekday Core Sleep Periods, rest periods will be a minimum of 10 hours off duty without loss of wages/salary for the ordinary working time. (b) Where the 10 hour rest period can not be achieved due to extreme conditions and extraordinary situations surrounding fire suppression or where the necessary extraction and or insertion times for shifts means the minimum 10 hour break cannot realistically be achieved, rest periods will be a guaranteed minimum of eight hours off duty true rest time exclusive of meal periods. (i) The calculations are based on work centre to work centre, or accommodation to accommodation whilst “away”, provided that where eight hour rest periods are applied, the eight hours will also be exclusive of meals and travel time to and from accommodation. It is accepted that this can mean employees who live away from their work centre may need to be accommodated rather than travel to and from their place of residence. (ii) Subject subclause 15.1(b)(i) employees will either be fed on the fire line during paid working time, or a paid allowance of 30 minutes for each meal will be provided for those meals that are taken away from the fire line. (iii) Notwithstanding the foregoing, the Regional Manager or Regional Duty Officer may authorise an eight hour rest break in circumstances where there are insufficient resources within the Region or adjacent Regions. In this case the calculations referred to in subclause 15(b)(i) shall be exclusive of meal breaks. In addition, once resources have been made available, the Regional Manager or Regional Duty Officer shall ensure that a 10 hour rest break is given. (a) If employees do not receive their minimum 10 hours off duty rest period entitlement, then all time subsequently worked will be at double time (but the equivalent of double time and a half for time worked on public holidays) until the necessary break is provided. (b) Employees are immediately required to advise their supervisor if any proposed resumption time(s) will result in less than the minimum designated rest period eg. due to transport delays, communication breakdowns etc. This will then provide the employer with the opportunity to source alternative employees, and only where such resources are not available will a decision be made on resumption time in the knowledge of any additional penalty impost. (c) In order to facilitate enhanced rest periods, it may be necessary to make more use of the flexibilities contained within the available span of weekday ordinary hours up to and including 6.00 pm. This provision will only be applied to the normal hours on the day following work undertaken late into the night before, and employees must be advised of the altered start time prior to concluding work on the night before. This clause will only be used where mutual consent of employees and employer has been reached.

Minimum Rest Periods. (a) Subject to subclauses 15.1(b) and 15.4 – Special Provisions For Fire Emergency Callouts during Weekday Core Sleep Periods, rest periods will be a minimum of 10 hours off duty without loss of wages/salary for the ordinary working time. (b) Where the 10 hour rest period can not be achieved due to extreme conditions and extraordinary situations surrounding fire suppression or where the necessary extraction and or insertion times for shifts means the minimum 10 hour break cannot realistically be achieved, rest periods will be a guaranteed minimum of eight hours off duty true rest time exclusive of meal periods. (i) . The calculations are based on work centre to work centre, or accommodation to accommodation whilst “away”, provided that where eight hour rest periods are applied, the eight hours will also be exclusive of meals and travel time to and from accommodation. It is accepted that this can mean employees who live away from their work centre may need to be accommodated rather than travel to and from their place of residence. (ii) . Subject subclause 15.1(b)(i) employees will either be fed on the fire line during paid working time, or a paid allowance of 30 minutes for each meal will be provided for those meals that are taken away from the fire line. (iii) . Notwithstanding the foregoing, the Regional Manager or Regional Duty Officer may authorise an eight hour rest break in circumstances where there are insufficient resources within the Region or adjacent Regions. In this case the calculations referred to in subclause 15(b)(i) shall be exclusive of meal breaks. In addition, once resources have been made available, the Regional Manager or Regional Duty Officer shall ensure that a 10 hour rest break is given. (a) If employees do not receive their minimum 10 hours off duty rest period entitlement, then all time subsequently worked will be at double time (but the equivalent of double time and a half for time worked on public holidays) until the necessary break is provided. (b) Employees are immediately required to advise their supervisor if any proposed resumption time(s) will result in less than the minimum designated rest period eg. due to transport delays, communication breakdowns etc. This will then provide the employer with the opportunity to source alternative employees, and only where such resources are not available will a decision be made on resumption time in the knowledge of any additional penalty impost. (c) In order to facilitate enhanced rest periods, it may be necessary to make more use of the flexibilities contained within the available span of weekday ordinary hours up to and including 6.00 pm. This provision will only be applied to the normal hours on the day following work undertaken late into the night before, and employees must be advised of the altered start time prior to concluding work on the night before. This clause will only be used where mutual consent of employees and employer has been reached.