Hour Break for Employees On Call. The provisions of this subclause do not apply to casual employees.
(a) Where an employee who is on call is recalled to perform overtime duty, the employee will be provided with a continuous break of not less than 9.5 hours from when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift. In the event that a 9.5 hour break is not available between when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift, the employee will be entitled to be absent from duty without loss of pay for ordinary working time, until the employee has been provided with a continuous break of 9.5 hours.
(b) Provided that, if instructed by the Employer, the employee is required to work without the break provided for in subclause (7)(a) of this clause, the employee will be paid at the overtime rate of double time until released from duty.
(c) Subclauses (7)(a) and (7)(b) of this clause will not apply where an employee is recalled to work within three hours of the commencement of the employee’s next ordinary rostered shift and the employee has had a continuous break of at least 9.5 hours immediately prior to the commencement of the recall overtime duty.
(d) Notwithstanding the provisions of subclauses (7)(a) and (7)(b) of this clause, where the Employer and the Federation agree in writing, other arrangements may be made to ensure an adequate break for employees on call in accordance with Clause 9 – Agreement Flexibility of this Agreement. Such arrangement will ensure the health, safety and welfare of the employee or employees concerned and will take into account the safety and welfare of patients.
