Fatigue Break Clause Samples
Fatigue Break. (a) An employee who works so much overtime:
(i) Between the termination of the employee's ordinary work day or shift, and the commencement of the employee's ordinary work in the next day or shift that the employee has not had at least 10 consecutive hours off duty between these times;
(ii) Or on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had 10 consecutive hours off duty in the 24 hours preceding the ordinary commencing time on the employee's next ordinary day or shift, will, subject to clause 5.3.5 be released after completion of such overtime until the employee has had 10 hours off duty without loss of pay for ordinary working time occurring during such absence;
(iii) An employee who has worked continuously (except for meal and crib times allowed by this Agreement) for 20 hours will not be required to continue or recommence work for at least 12 hours.
(b) If on the instruction of the company such a employee resumes or continues work without having had such 10 consecutive hours off duty, then the employee will be paid double rates until released from duty for such period and will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) Clause 5.3.5 will apply in the case of shift employees as if 8 hours were substituted for 10 hours when overtime is worked;
(i) For the purpose of changing shift rosters; or
(ii) Where a shift employee does not report for duty and a day employee or a shift employee is required to replace such shift employee; or
(iii) Where a shift is worked by arrangement between the employees themselves.
Fatigue Break. 16.9.1 Where an Employee, whether rostered on call or not, is required to work so much overtime between the termination of the Employee’s ordinary work on one day and commencement of ordinary work on the next day and that Employee has not had at least ten (10) consecutive hours off duty between those times, the Employee shall, subject to this clause, be released after completion of such overtime until the Employee has accessed ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
16.9.2 If an Employee is instructed to resume or to continue work without having had ten (10) consecutive hours off duty, the Employee shall be paid at double time until the Employee is released from duty for such period, and the Employee shall be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during that absence. However, where the time worked is less than two (2) hours then it shall not be deemed as overtime for the purposes of this clause.
Fatigue Break. Where an employee who is rostered on call is required to work so much overtime between the termination of the employee’s ordinary work on one day and commencement of ordinary work on the next day and that employee has not had at least 10 consecutive hours off duty between those times the employee shall, subject to this clause, be released after completion of such overtime until the employee has and 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If an employee is instructed to resume or to continue work without having had 10 consecutive hours off duty, the employee shall be paid at double time until the employee is released from duty for such period, and employee shall be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during that absence. However, where the time worked is less than 2 hours then it shall not be deemed as overtime for the purposes of this clause. An on call employee who is not the designated on call employee for that period who is required to leave their premises to attend to a call out will be paid the applicable Award rates.
Fatigue Break. 17.1 An FTM who works so many hours between the termination of ordinary work on one day and the commencement of ordinary work on the next day so that the FTM has not had at least 9.5 consecutive hours off duty between these times shall, subject to clause 17 be released after completion of such overtime until the FTM has had 9.5 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
17.2 If on the instructions of the Company, a base rate FTM resumes or continues work without having had 9.5 consecutive hours off duty, the base rate FTM shall be paid double time until they are released from duty and will be entitled to be absent until 9.5 consecutive hours off duty has been taken, without loss of pay for ordinary working time occurring during the absence.
17.3 If on the instructions of the Company, a flat rate FTM resumes or continues work without having had 9.5 consecutive hours off duty, the flat rate FTM shall be paid 125% of their ordinary flat rate until they are released from duty and will be entitled to be absent until 9.5 consecutive hours off duty has been taken, without loss of pay for ordinary working time occurring during the absence.
17.4 The provisions of clause 17 shall apply in the case of shift workers, except that shift workers shall be entitled to an 8 hour break upon the change of shift instead of a 9.5 hour break.
Fatigue Break. 5.8.1 An employee who works so much overtime:
(a) between the termination of the employee’s ordinary work day or shift, and the commencement of the employee’s ordinary work in the next day or shift that the employee has not had at least 10 consecutive hours off duty between these times;
(b) or on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had 10 consecutive hours off duty in the 24 hours preceding the ordinary commencing time on the employee’s next ordinary day or shift, will, subject to clause 5.8.2, be released after completion of such excess hours until the employee has had 10 hours off duty without loss of pay for ordinary working time occurring during such absence.
5.8.2 If on the instruction of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, then the employee will be paid the base excess hours rate until released from duty. The employer may release a person to go home on pay where they have been required to return to work without completion of their 10 hour break.
Fatigue Break. 14.3.1 An employee will be entitled to a consecutive 10 hours off between the conclusion of one shift or work day including overtime and the commencement of the next shift or work day.
Fatigue Break. 25.4.1 Employees who work overtime shall be entitled to a clear break of 10 hours prior to starting work on the next day. Where such 10 hour break extends beyond the employee’s normal starting time on the next day, the employee shall be paid for such ordinary hours as occur before the end of the 10 hour break period.
25.4.2 An employee who works 2 hours or more overtime shall be paid a meal allowance as set out in clause 21.3 (indexed allowances) and a further allowance will be paid for each four hours overtime after the first two hours.
25.4.3 By agreement between SSDS and an employee and given operational requirements, an employee required to work on a public holiday may be granted time off at an alternative occasion as determined by mutual agreement, in lieu of penalty rates.
Fatigue Break. 17.1 WorkPac takes safety very seriously and has implemented practices to provide for safe working conditions for FTMs. This provides for the responsible management of Fatigue, Meal and Rest Breaks taking into account the day to day operations of our Clients businesses.
Fatigue Break. 20.1 An employee after ceasing work (either ordinary hours or overtime) shall have at least a eight (8) hour break without loss of pay before recommencing work or be paid at overtime rates until he or she has such a eight (8) hour break.
Fatigue Break. (a) An employee who works so much overtime:
(i) Between the termination of the employee's ordinary work day or shift, and the commencement of the employee's ordinary work in the next day or shift that the employee has not had at least 10 consecutive hours off duty between these times;
(ii) Or on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had 10 consecutive hours off duty in the 24 hours preceding the ordinary commencing time on the employee's next ordinary day or shift, will, subject to clause 6.4.9 be released after completion of such overtime until the employee has had 8 hours off duty without loss of pay for ordinary working time occurring during such absence;
(iii) If on the instruction of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, then the employee will be paid double time rates until released from duty for such period and will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(iv) Clause 6.4.9 will apply in the case of shift workers as if 8 hours were substituted for 10 hours when overtime is worked:
(v) For the purpose of changing shift rosters; or