Common use of MINIMUM BREAK BETWEEN SPELLS OF DUTY (Gen Clause in Contracts

MINIMUM BREAK BETWEEN SPELLS OF DUTY (Gen. 3.8.1 A break of at least nine continuous hours must be provided wherever possible between any two periods of duty of a full shift or more. This requirement to provide a break wherever possible applies whether or not any additional payment will apply. 3.8.2 If a call back of less than a full shift is worked between two periods of duty of a full shift or more a break of nine continuous hours must be provided either before or after the call back. If such a break has been provided before the call back it does not have to be provided afterwards as well. 3.8.3 Periods of a full shift or more include: - periods of normal rostered work; or - periods of overtime that are continuous with a period of normal rostered work; or - full shift of overtime/call back duty. 3.8.4 Except as provided in clause 3.8.5, if a break of at least nine continuous hours cannot be provided between periods of qualifying duty, the duty is to be regarded as continuous until a break of at least nine continuous hours is taken and it shall be paid at overtime rates. 3.8.5 The payment provisions will not apply in any case where the result would be to give an employee a lesser payment than would otherwise have been received. 3.8.6 Time spent off duty during ordinary hours solely to obtain a nine-hour break shall be paid at ordinary time rates. Any absence after the ninth hour of such a break, if it occurs in ordinary time, shall be treated as normal absence from duty.

MINIMUM BREAK BETWEEN SPELLS OF DUTY (Gen. 3.8.1 A break of at least nine continuous hours must be provided wherever possible between any two periods of duty of a full shift or more. This requirement to provide a break wherever possible applies whether or not any additional payment will apply. 3.8.2 If a call back of less than a full shift is worked between two periods of duty of a full shift or more a break of nine continuous hours must be provided either before or after the call back. If such a break has been provided before the call back it does not have to be provided afterwards as well. 3.8.3 Periods of a full shift or more include: - periods of normal rostered work; or - periods of overtime that are continuous with a period of normal rostered work; or - full shift of overtime/call back duty. 3.8.4 Except as provided in clause 3.8.5, if a break of at least nine continuous hours cannot be provided between periods of qualifying duty, the duty is to be regarded as continuous until a break of at least nine continuous hours is taken and it shall be paid at overtime rates. 3.8.5 The payment provisions will not apply in any case where the result would be to give an employee you a lesser payment than you would otherwise have been received. 3.8.6 Time spent off duty during ordinary hours solely to obtain a nine-hour break shall be paid at ordinary time rates. Any absence after the ninth hour of such a break, if it occurs in ordinary time, shall be treated as normal absence from duty.