Common use of Rest Relief after Overtime Clause in Contracts

Rest Relief after Overtime. (1) This clause does not apply to an employee at a classification level above the salary barrier or an AGS fee earner. (2) This clause applies if an employee performs overtime that would result in the employee not having at least 8 consecutive hours off duty (plus reasonable travelling time to and from work): (a) between the end of the ordinary duty on any day or shift, and the start of the employee’s ordinary hours of work on the next day or shift; or (b) on a Saturday, Sunday or a public holiday (unless the day is an ordinary working day for the employee) or on a rostered day off, in the 24 hours preceding the time when the employee will next ordinarily begin duty. (3) The employee: (a) may be absent from work, after performing the overtime, for 8 consecutive hours (plus reasonable travelling time); and (b) is entitled to payment for any period of ordinary working time occurring in the employee’s absence. (4) However, if the employee is not able to be absent from work because the employee is required to continue or resume work, the employee is entitled to be paid at the rate of double time until the employee has at least 8 consecutive hours off duty (plus reasonable travelling time).