Common use of Rest Period After Overtime Clause in Contracts

Rest Period After Overtime. (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least ten consecutive hours off duty between the work of successive days. (2) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3) If, on the instructions of his employer, such a worker resumes or continues work without having had such ten consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (4) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is less than three hours on such recalls or on each of such recalls. (5) The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked. (a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty; or (c) where a shift is worked by arrangement between the workers themselves.

Rest Period After Overtime. (1a) When overtime work is necessary it shallmust, wherever reasonably practicable, be so arranged that workers Employees have at least ten 10 consecutive hours off duty between the work of successive working days. (2b) A worker An Employee (other than a casual workerEmployee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his their ordinary work on the next day that he the Employee has not had at least ten 10 consecutive hours off duty between those times shallmust, subject to this subclausesub clause, be released after completion of such the overtime until he the Employee has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3c) If, If on the instructions of his employer, such a worker the Company an Employee resumes or continues work without having had such ten 10 consecutive hours off duty, he shall duty the Employee must be paid at double rates until he or she is released from duty for such period and he shall period. The Employee is then be entitled to be absent until he or she has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such the absence. (4d) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called By agreement between the Company and individual Employee, the 10 hour break provided for in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as may be reduced to a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is period no less than three hours on such recalls or on each of such recalls8 hours. (5e) The provisions of this subclause shall will apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten 10 hours when overtime is worked.: (ai) for the purpose of changing shift rosters; or (bii) where a shift worker does not report for dutyduty and a day worker or a shift worker is required to replace the shift worker; or (ciii) where a shift is worked by arrangement between the workers Employees themselves.

Rest Period After Overtime. (1i) When overtime work is necessary it shallmust, wherever reasonably practicable, be so arranged that workers employees have at least ten 10 consecutive hours off duty between the work of successive working days. (2ii) A worker (other than a casual worker) An employee who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his their ordinary work on the next day that he the Employee has not at had a least ten 10 consecutive hours off duty between those times shallmust, subject to this subclause, be released after completion of such the overtime until he the Employee has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3iii) If, on the instructions instruction of his employerthe Employer, such a worker an Employee resumes or continues work without having had such ten the 10 consecutive hours off duty, he shall duty the Employee must be paid at double rates until he or she is released from duty for such period and he shall period. The employee is then be entitled to be absent until he or she has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such the absence. (4iv) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called By agreement between the Employer and individual Employee, the 10 hour break provided for in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as may be reduced to a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is period no less than three hours on such recalls or on each of such recalls8 hours. (5v) The provisions of this subclause shall will apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten 10 hours when overtime is worked.: (a) for a. For the purpose of changing shift rosters; or (b) where b. Where a shift worker does not report for dutyduty and a day worker or shift worker is required to replace the shift worker; or (c) where c. Where a shift is worked by arrangement between the workers employees themselves.

Rest Period After Overtime. (1) 11.4.9.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers employees have at least ten consecutive hours off duty between the work of successive days. (2) A worker (other than a casual worker) 11.4.9.2 An employee who works so much overtime that he/she has not had at least ten consecutive hours off duty: (a) between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day; or (b) between 4.00 p.m. on a Sunday, public holiday or rostered day off and the commencement of ordinary work on the next day that he has not at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3) If, 11.4.9.3 If on the instructions of his employer, such a worker SEWL an employee resumes or continues to work without having had such ten consecutive hours off duty, he the employee shall be paid at the rate of double rates time until he is released from duty for such period and he shall then be entitled to be absent until he he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (4) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called 11.4.9.4 By agreement between SEWL and an employee the ten hour break provided for in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as may be reduced to a result period of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is no less than three hours on such recalls or on each of such recallseight hours. (5) 11.4.9.5 The provisions of this subclause shall apply in the case of shift workers who rotate from one as if eight hours were substituted for ten hours when overtime is worked: (a) For the purpose of changing shift rosters; (b) where a shift worker does not report for duty and a day worker or shift worker is required to another, replace such shift worker; or (c) where a shift is worked by arrangement between the employees themselves. 11.4.9.6 The provisions of this subclause shall apply in the case of employees in receipt of the availability allowance prescribed in clause 11.3 - Availability duty as if eight hours were substituted for ten hours when overtime is worked. (a) 11.4.9.7 Any period of actual overtime work of less than three hours shall not be taken into account for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty; or (c) where a shift is worked by arrangement between the workers themselvesthis subclause.

Rest Period After Overtime. (1) When overtime work is necessary necessary, it shall, shall wherever reasonably practicable, be so arranged that workers employees have at least ten eight consecutive hours off duty (or ordinary shift length) between the work of successive days. (2) A worker (other than a casual worker) . An employee who works so much overtime between the termination of his his/her ordinary work on one day and the commencement of his his/her ordinary work on the next day that he or she has not had at least ten eight consecutive hours (or ordinary shift length) off duty between those times shall, subject to this subclause, be released after completion of such overtime until he or she has had ten eight consecutive hours (or ordinary shift length) off duty without loss of pay for ordinary working time occurring during such absence. (3) If, . If on the instructions of his employer, the company such a worker an employee resumes or continues work without having had such ten eight consecutive hours (or ordinary shift length) off duty, he the employee shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he or she has had ten eight consecutive hours (or ordinary shift length) off duty without loss of pay for ordinary working time occurring during such absence. Except as provided in subclause (iii), of this Clause, each day shall stand alone in the computation of overtime. (4i) Time Off in Lieu of Overtime Worked Where a worker (an employee performs duty on overtime the employee may, at his/her request and with the agreement of the Company, subsequently be released from duty in ordinary hours subject to the following conditions: The agreement shall be in writing and be kept with the time and wages records; Where an employee takes subsequent time off the relevant and equivalent period of overtime shall be paid for at ordinary rates of pay. All other overtime worked for which time off is not taken shall be paid for at the appropriate overtime rate otherwise provided in this agreement; Where an employee elects to take any period(s) of time off in ordinary hours in accordance with this clause such time off shall be without pay and shall equate to the relevant period(s) of overtime worked; Payment for any period(s) of overtime worked and in relation to which the employee elects to take time off may be paid by the employer to the employee in the pay period in which the time off is taken; An employee may not accumulate more than a casual worker or a worker engaged on continuous shift work24 hours of equivalent time off which shall be taken within four weeks of its accrual. Where such time off is not taken the period(s) is called of overtime shall be paid for in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then relevant pay period at the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that appropriate overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is less than three hours on such recalls or on each of such recallsrate otherwise applicable. (5) The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked. (a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty; or (c) where a shift is worked by arrangement between the workers themselves.

Rest Period After Overtime. (1a) When overtime work is necessary it shallmust, wherever reasonably practicable, be so arranged that workers Employee/s have at least ten 10 consecutive hours off duty between the work of successive working days. (2b) A worker An Employee (other than a casual workerEmployee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his their ordinary work on the next day that he the Employee/s, has not had at least ten 10 consecutive hours off duty between those times shallmust, subject to this subclausesub-clause, be released after completion of such the overtime until he the Employee has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3c) If, If on the instructions of his employerthe Employer, such a worker an Employee/s resumes or continues work without having had such ten the 10 consecutive hours off duty, he shall the Employee must be paid at double time rates until he or she is released from duty for such period and he shall period. The Employee is then be entitled to be absent until he or she has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such the absence. (4d) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called By agreement between the Employer and individual Employee, the 10 hour break provided for in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as may be reduced to a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is period no less than three hours on such recalls or on each of such recalls8 hours. (5e) The provisions of this subclause shall will apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten 9 hours when overtime is worked.: (ai) for the purpose of changing shift rosters; or (bii) where a shift worker does not report for dutyduty and a day worker or a shift worker is required to replace the shift worker; or (ciii) where a shift is worked by arrangement between the workers Employee/s themselves.

Rest Period After Overtime. (1) 18.3.1 When overtime work is necessary it shall, wherever reasonably practicable, shall be so arranged that workers employees have at least ten 10 consecutive hours off duty (inclusive of reasonable travel time) between the work of successive days. (2) A worker 18.3.2 An employee (other than a casual workeremployee) who works so much overtime between the termination of his his/her ordinary work on one day and the commencement of his his/her ordinary work on the next day that he he/she has not had at least ten 10 consecutive hours off duty between those times times, shall, subject to this subclausesub-clause, be released after completion of such overtime until he he/she has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (3) If, 18.3.3 If on the instructions of his employer, the Company such a worker an employee resumes or continues work without having had such ten 10 consecutive hours off duty, he duty he/she shall be paid at double rates until he he/she is released from duty for such period and he he/she shall then be entitled to be absent until he he/she has had ten 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (4) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is less than three hours on such recalls or on each of such recalls. (5) 18.3.4 The provisions of this subclause sub-clause shall apply in the case of shift workers who rotate from one shift to another, as if eight 8 hours were substituted for ten 10 hours when overtime is worked.: (a) for For the purpose of changing shift rosters; or (b) where Where a shift worker does not report for dutyduty and a day worker or a shift worker is required to replace such shift worker; or (c) where Where a shift is worked by arrangement between amongst the workers themselves.employees

Rest Period After Overtime. (1a) When overtime work is necessary it shallmust, wherever reasonably practicable, be arranged so arranged that workers have an Employee has at least ten 10 consecutive hours off duty between the work of successive working days. (2b) A worker (An Employee, other than a casual worker) Employee, who works so much overtime between the termination of his their ordinary work hours on one day and the commencement of his their ordinary work hours on the next day that he the Employee has not had at least ten 10 consecutive hours off duty between those times shallmust, subject to this subclausethe other provisions of clause 20.3, be released after completion of such the overtime until he the Employee has had ten 10 consecutive hours off duty without loss of pay for ordinary working time hours occurring during such absence. (3c) If, If on the instructions of his employer, such a worker the Employer an Employee resumes or continues work without having had such ten the 10 consecutive hours off duty, he shall duty the Employee must be paid at the rate of double rates time until he the Employee is released from duty for such period and he shall period. The Employee is then be entitled to be absent until he the Employee has had ten 10 consecutive hours off duty without loss of pay for ordinary working time hours occurring during such the absence. (4d) Where By agreement between the Employer and individual Employee, the 10 hour break provided for in clause 20.3 may be reduced to a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions period of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is no less than three hours on such recalls or on each of such recallseight hours. (5e) The provisions of this subclause shall clause 20.3 will apply in the case of shift workers who rotate from one shift to another, a shiftworker as if eight hours were substituted for ten 10 hours when overtime is worked.: (ai) for the purpose of changing shift rosters; or (bii) where a shift worker shiftworker does not report for dutyduty and a day worker or a shiftworker is required to replace the shiftworker; or (c) where a shift is worked by arrangement between the workers themselves.

Rest Period After Overtime. (1a) When Where overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers employees have a rest period of at least ten 10 consecutive hours off duty between the work of successive days. (2a) A Provided that, in the case of shift workers, the rest period shall be 10 consecutive hours off duty when the overtime is worked: i. For the purpose of changing shift rosters; or ii. Where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or iii. Where a shift is worked by arrangement between the employees themselves. (other than a casual workerb) An employee who works so much overtime between the termination of his his/her ordinary work on one day and the commencement of his his/her ordinary work on the next day day, that he he/she has not had at least ten consecutive hours the rest period off duty between those times shall, subject to this subclause, shall be released after completion of such overtime until he he/she has had ten consecutive hours the rest period off duty without loss of pay for ordinary working time occurring during such absence. (3c) If, If on the instructions of his employer, the Company such a worker an employee resumes or continues work without having had such ten consecutive hours rest period off duty, he he/she shall be paid at double rates time until he he/she is released from duty for such rest period and he he/she shall then be entitled to be absent until he he/she has had ten consecutive hours the rest period off duty without loss of pay for ordinary working time occurring during such absence. (4) Where a worker (other than a casual worker or a worker engaged on continuous shift work) is called in to work on a Sunday or public holiday preceding an ordinary working day, he shall, where ever reasonable practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis. Provided that overtime worked as a result of a recall, shall not be regarded as overtime for the purpose of this subclause, when the actual time worked is less than three hours on such recalls or on each of such recalls. (5) The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked. (a) for the purpose of changing shift rosters; or (b) where a shift worker does not report for duty; or (c) where a shift is worked by arrangement between the workers themselves.