Common use of Hour Break Clause in Contracts

Hour Break. An employee who works so much overtime between the termination of their ordinary work in one day and the commencement of their ordinary work on the next day, that the employee has not at least 10 consecutive hours off duty between those times shall, subject to clause 6.2.12, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid double rates until the employee is released from duty for such period and they shall 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: Provided that, where an employee is recalled to work after the ordinary ceasing time, overtime worked in such circumstances shall not be regarded as overtime for the purposes of clause 6.2.12, where the actual time worked is less than 3 hours on such recall or on each of such recalls. The provisions of clause 6.2.12 shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked: (a) For the purpose of changing shift roster; or (b) Where a shift worker does not report for duty; or (c) Where a shift is worked by arrangement between the employees themselves.