Common use of Minimum Breaks Between Spells of Duty Clause in Contracts

Minimum Breaks Between Spells of Duty. (a) A break of at least nine continuous hours will be provided wherever possible between any two periods of duty of a full shift or more. (b) Periods of a full shift or more include: i Periods of normal rostered work; or ii Periods of overtime that are continuous with a period of normal rostered work; or iii Full shifts of overtime/call-back duty. (c) This requirement to provide a break wherever possible applies whether or not any additional payment will apply. (d) 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, with proper regard to the time at which it occurs and the amount of overtime which precedes it. (e) If such a break has been provided before the call-back, it does not need to be provided afterwards except for those employees who are called back between 2200 hours and 0600, for whom the break must be provided after the call back unless mutually agreed. (f) 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 continuous hour of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty.