Common use of Fatigue Break Clause in Contracts

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.

Appears in 6 contracts

Samples: Cfmeu Union Collective Agreement 2009, Collective Agreement, Union Collective Workplace Agreement

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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;; or (ii) Or on 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 employee's ordinary commencing time on the employee's next ordinary day or shift, will, will subject to clause 5.3.5 6.3.3 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 AgreementAward) for 20 hours will not be required to continue at or recommence work for at least 12 hours. (b) If If, on the instruction instructions of the company such a employee's employer, the employee resumes or continues to work without having had such 10 consecutive hours off duty, then the employee will be paid at double rates until the employee is 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 6.3.3 will apply in the case of shift employees workers 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 worker does not report for duty and a day employee worker or a shift employee worker is required to replace such shift employeeworker; or (iii) Where a shift is worked by arrangement between the employees themselves. (d) Clause 6.3.3 will not apply where an employee is recalled to work overtime and works not more than 2 hours overtime.

Appears in 2 contracts

Samples: Workplace Agreement, Rinker Australia Brisbane and Gold Coast Quarries Agreement 2006

Fatigue Break. (a) 14.4.1 An employee who works so much overtime: (ia) Between the termination of the employee's ’s ordinary work day or shift, and the commencement of the employee's ’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;; or (iib) Or on On Saturdays, Sundays and holidaysPublic 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 commencement time on of the employee's ’s next ordinary day or shift, will, subject to clause 5.3.5 emergency works, be released after completion of such overtime until the employee has had 10 hours off duty duty, without loss of pay for ordinary agreed working time hours occurring during such absence;. (iii) 14.4.2 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) 14.4.3 Employees are to ensure that they have 10 consecutive hours off duty prior to commencing back at work. If an employee is requested to start work by management which does not constitute the required off duty time, they must immediately notify management to make adjustments to schedules to ensure requirements are met. 14.4.4 If on the instruction of the company Employer such a an employee as described in 14.4.3 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.

Appears in 1 contract

Samples: Enterprise Agreement

Fatigue Break. (a) An employee Employee who works so much overtime: (i) Between the termination of the employee's Employees ordinary work day or shift, and the commencement of the employee's Employees ordinary work in the next day or shift that the employee 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 Employees next ordinary day or shift, will, subject to clause 5.3.5 be released after completion of such overtime until the employee Employee has had 10 hours off duty without loss of pay for ordinary working time occurring during such absence; (iii) An employee 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 Company such a employee Employee resumes or continues work without having had such 10 consecutive hours off duty, then the employee Employee will be paid double rates until released from duty for such period and will then be entitled to be absent until the employee 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 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 Employee does not report for duty and a day employee Employee or a shift employee Employee is required to replace such shift employeeEmployee; or (iii) Where a shift is worked by arrangement between the employees Employees themselves.

Appears in 1 contract

Samples: Collective Agreement

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Fatigue Break. (a) An 4.10.1 an employee who works so much overtime: (i) ; Between the termination of the employee's ordinary work day or shift, including the additional hours, 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 employee's ordinary commencing time on the employee's next ordinary day or shift, will, subject to clause 5.3.5 : ▪ Will 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) 4.10.2 An employee who has worked continuously (except for meal and crib times allowed by this Agreement) for 20 16 hours will not be required to continue at or recommence work for at least 12 hours. (b) If 4.10.3 If, on the instruction instructions of the company such a employer, the employee resumes or continues to work without having had such 10 consecutive hours off duty, then the employee will be paid at double rates until the employee is 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 4.10.4 This clause will apply in the case of shift employees workers as if 8 hours were substituted for 10 hours when overtime is worked; (i) : • For the purpose purposes of changing shift rosters; or (ii) or • Where a shift employee worker does not report for duty and a day employee worker or a shift employee worker is required to replace such shift employeeworker; or (iii) or • Where a shift is worked by arrangement between the employees themselves. 4.10.5 Clause 4.10 will not apply where an employee is recalled to work overtime and works not more than 2 hours overtime.

Appears in 1 contract

Samples: Workplace Agreement

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