Common use of TEN HOUR BREAK Clause in Contracts

TEN HOUR BREAK. ‌ (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee has at least ten (10) consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion of the Project Working Hours worked on one day and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours occurring during such absence. (3) If, on the instructions of the Company, an Employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee shall be paid at double time rates until the Employee is released from duty for such period and the Employee shall then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours occurring during such absence. (4) Where an Employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2) and (3) of this clause shall apply. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee has at least ten (10) consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion of the Project Working Hours worked on one day and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours occurring during such absence. (3) If, on the instructions of the Company, an Employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee shall be paid at double time rates until the Employee is released from duty for such period and the Employee shall then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours occurring during such absence. (4) Where an Employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2) and (3) of this clause shall apply. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee has at least ten (10) 10 consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion of the Project Working Hours worked on one day and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the Employee has had ten (10) 10 consecutive hours off duty without loss of pay for Project Working Hours working hours occurring during such absence. (3) If, on the instructions of the Company, an Employee resumes or continues work without having had ten (10) 10 consecutive hours off duty, the Employee shall be paid at double time rates until the Employee is released from duty for such period and the Employee shall then be entitled to be absent until the Employee has had ten (10) 10 consecutive hours off duty without loss of pay for Project Working Hours working hours occurring during such absence. (4) Where an Employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) 10 consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2) and (3) of this clause shall apply. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) 8 hours were substituted for ten (10) 10 hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee employee has at least ten (10) consecutive hours off duty between the work of successive days. (2b) An Employee employee who works so much Additional Overtime overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours on the next day that the Employee employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclausesub- clause, be released after completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3c) If, on the instructions of the CompanyEmployer and in exceptional circumstances, an Employee employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee employee shall be paid at double time rates until the Employee employee is released from duty for such period and the Employee employee shall then be entitled to be absent until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4d) Where an Employee employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5e) The provisions of this sub-clause shall apply in the case of shift Employees employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (ai) For the purpose of changing shift rosters; or (bii) Where a shift Employee employee does not report for duty; or (ciii) Where a shift is worked by arrangement between the Employees employees themselves. (6f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this sub-clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.three

TEN HOUR BREAK. ‌ (1) 38.1 When overtime work work, including recall work, is necessary it shall, wherever reasonably practicable, should be arranged so arranged that an Employee has Employees have at least ten (10) consecutive hours off duty between all bodies of work. 38.2 An Employee who works so much overtime or recall between the cessation of the Employee's previous rostered ordinary hours and the commencement of the next succeeding rostered period of ordinary hours, that the Employee would not have at least ten consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion end of the Project Working Hours worked on one day overtime or recall and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) consecutive rostered period of ordinary hours off duty between those times shall, subject to this subclauseclause, be released after completion of such overtime or recall worked until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered ordinary hours occurring during such absence. (3) 38.3 If, on the instructions of the CompanyEmployer, an Employee resumes or continues work without having had ten (10) consecutive successive hours off duty, duty the Employee shall will be paid at the rate of double time rates until the Employee is released from duty for such rest period and the Employee shall will then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered hours occurring during such absence. (4) Where 38.4 If an Employee is called into resumes work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working dayof the Employee's own volition, the overtime will be calculated in accordance with clause 37 - Overtime. An Employee shall, wherever reasonably practicable, who resumes work voluntarily will be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions entitled without loss of subclauses (2) pay to attend to ablution and (3) of this clause shall applysustenance matters. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee employee has at least ten (10) consecutive hours off duty between the work of successive days. (2b) An Employee employee who works so much Additional Overtime overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours on the next day that the Employee employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclausesub-clause, be released after completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3c) If, on the instructions of the CompanyCompany and in exceptional circumstances, an Employee employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee employee shall be paid at double time rates until the Employee employee is released from duty for such period and the Employee employee shall then be entitled to be absent until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4d) Where an Employee employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5e) The provisions of this sub-clause shall apply in the case of shift Employees employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (ai) For the purpose of changing shift rosters; or (bii) Where a shift Employee employee does not report for duty; or (ciii) Where a shift is worked by arrangement between the Employees employees themselves. (6f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this sub-clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) 38.1 When overtime work work, including recall work, is necessary it shall, wherever reasonably practicable, should be arranged so arranged that an Employee has Employees have at least ten (10) consecutive hours off duty between all bodies of work. 38.2 An Employee who works so much overtime or recall between the cessation of the Employee's previous rostered ordinary hours and the commencement of the next succeeding rostered period of ordinary hours, that the Employee would not have at least ten consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion end of the Project Working Hours worked on one day overtime or recall and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) consecutive rostered period of ordinary hours off duty between those times shall, subject to this subclauseclause, be released after completion of such overtime or recall worked until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered ordinary hours occurring during such absence. (3) 38.3 If, on the instructions of the CompanyEmployer, an Employee resumes or continues work without having had ten (10) consecutive successive hours off duty, duty the Employee shall will be paid at the rate of double time rates until the Employee is released from duty for such rest period and the Employee shall will then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered hours occurring during such absence. (4) Where 38.4 If an Employee is called into resumes work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working dayof the Employee's own volition, the overtime will be calculated in accordance with clause 37 - Overtime. An Employee shall, wherever reasonably practicable, who resumes work voluntarily will be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions entitled without loss of subclauses (2) pay to attend to ablution and (3) of this clause shall applysustenance matters. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) When additional overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee has at least ten (10) consecutive hours off duty between the work of successive days. (2) . • An Employee who works so much Additional Overtime additional overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours on the next day that the Employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclausesubsection, be released after completion of such overtime until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3) . • If, on the instructions of the CompanyCompany and in exceptional circumstances, an Employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee shall be paid at double time rates until the Employee is released from duty for such period and the Employee shall then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4) . • Where an Employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5) . • The provisions of this clause sub-section shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For i. for the purpose of changing shift rosters; or (b) Where ii. where a shift Employee does not report for duty; or (c) Where iii. where a shift is worked by arrangement between the Employees themselves. (6) . • Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause subsection when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee employee has at least ten (10) consecutive hours off duty between the work of successive days. (2b) An Employee employee who works so much Additional Overtime overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours on the next day that the Employee employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclausesub-clause, be released after completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3c) If, on the instructions of the CompanyEmployer and in exceptional circumstances, an Employee employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee employee shall be paid at double time rates until the Employee employee is released from duty for such period and the Employee employee shall then be entitled to be absent until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4d) Where an Employee employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5e) The provisions of this sub-clause shall apply in the case of shift Employees employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (ai) For the purpose of changing shift rosters; or (bii) Where a shift Employee employee does not report for duty; or (ciii) Where a shift is worked by arrangement between the Employees employees themselves. (6f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this sub-clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee employee has at least ten (10) consecutive hours off duty between the work works of successive days. (2b) An Employee employee who works so much Additional Overtime overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours worked on the next day that the Employee employee has not had at as least ten (10) consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3c) If, on the instructions of the Companycompany and in exceptional circumstances, an Employee employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee employee shall be paid at double time rates until the Employee employee is released from duty for such period and the Employee employees shall then be entitled to be absent until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4d) Where an Employee employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5e) The provisions of this clause subclause shall apply in the case of shift Employees employees as if eight (8) hours were substituted submitted for ten (10) hours when overtime is worked: (ai) For the purpose of changing shift rosters; or (bii) Where a shift Employee employee does not report for duty; or (ciii) Where a shift is worked by arrangement between the Employees employees themselves. (6f) Overtime worked as a result of a result of a recall shall not be regarded as overtime for the purpose of this clause subclause when the actual time worked is less than three four (34) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee employee has at least ten (10) consecutive hours off duty between the work of successive days. (2b) An Employee employee who works so much Additional Overtime overtime between the completion of the Project Working Hours ordinary hours worked on one day and the commencement of the Project Working Hours ordinary hours on the next day that the Employee employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclausesub- clause, be released after completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (3c) If, on the instructions of the CompanyEmployer and in exceptional circumstances, an Employee employee resumes or continues work without having had ten (10) consecutive hours off duty, the Employee employee shall be paid at double time rates until the Employee employee is released from duty for such period and the Employee employee shall then be entitled to be absent until the Employee employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours ordinary hours occurring during such absence. (4d) Where an Employee employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2b) and (3c) of this clause shall apply. (5e) The provisions of this sub-clause shall apply in the case of shift Employees employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (ai) For the purpose of changing shift rosters; or (bii) Where a shift Employee employee does not report for duty; or (ciii) Where a shift is worked by arrangement between the Employees employees themselves. (6f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this sub-clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that The Employer must grant an Employee a ten hour break: in the Child Protection Practitioner stream – between completing a shift and commencing a further period of duty for which the Employee has at least ten (10) consecutive hours off expressly been recalled. in the programs covered by the Children, Youth and Families stream – between completing a shift and commencing a further period of duty between for which the work of successive days. (2) An Employee who works so much Additional Overtime between has expressly been recalled. Notwithstanding clause 10.1 above, the completion Employer may recall the Employee to return to duty before the expiration of the Project Working Hours ten hour break. In these circumstances, the Employer must pay the Employee in accordance with clause 41, Section I of this Agreement (Overtime), save that the rate shall be time and a half of the Employee’s hourly rate for the first three hours and, for all time worked on one day and after the first three hours, at double time, until the commencement of the Project Working Hours on the next day that the Employee break. The following provisions also apply: The roster, including starting times, will not be changed because a ten hour break has not had at least ten (10) consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours occurring during such absence. (3) If, on the instructions of the Company, occurred. If an Employee resumes or continues commences work without having had later than their rostered time in order for the ten hour break to be observed, they will be paid including all appropriate payments for the whole shift (10including any over runs), from the commencement of their rostered shift time. In addition to clause 10.3(b) consecutive above, where an Employee works five hours off of overtime in addition to a normal period of rostered duty, the Employee shall be paid at double time rates until Employer may direct the Employee is released from duty for such period and the Employee shall then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss all or part of pay for Project Working Hours occurring during such absence. (4) Where an Employee is called into work on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then ’s shift with no monetary disadvantage to the provisions of subclauses (2) Employee having regard to occupational health and (3) of this clause shall applysafety obligations and Employee well‑being. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) 31.1 When overtime work work, including recall work, is necessary it shall, wherever reasonably practicable, should be arranged so arranged that an Employee has Employees have at least ten (10) consecutive hours off duty between all bodies of work. 31.2 An Employee who works so much overtime or recall between the cessation of the Employee's previous rostered ordinary hours and the commencement of the next succeeding rostered period of ordinary hours, that the Employee would not have at least ten consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime between the completion end of the Project Working Hours worked on one day overtime or recall and the commencement of the Project Working Hours on the next day that the Employee has not had at least ten (10) consecutive rostered period of ordinary hours off duty between those times shall, subject to this subclauseclause, be released after completion of such overtime or recall worked until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered ordinary hours occurring during such absence. (3) 31.3 If, on the instructions of the CompanyEmployer, an Employee resumes or continues work without having had ten (10) consecutive successive hours off duty, duty the Employee shall will be paid at the rate of double time rates until the Employee is released from duty for such rest period and the Employee shall will then be entitled to be absent until the Employee has had ten (10) consecutive hours off duty without loss of pay for Project Working Hours rostered hours occurring during such absence. (4) Where 31.4 If an Employee resumes work of the Employee's own volition, overtime will be calculated in accordance with clause 30 - Overtime. An Employee who resumes work voluntarily will be entitled without loss of pay to attend to ablution and sustenance matters. 32.1 An Employee who is called into work rostered on-call or who performs rostered overtime on 10 or more weekends per annum will be entitled to an additional five days annual leave. This entitlement is in addition to the Weekend Worker entitlement provided by clause 36.10.1, but both entitlements cannot be claimed for the same bodies of work. 32.2 Clause 32.1 above does not apply to any weekend on which four hours or less is worked or on-call. 32.3 Leave loading does not apply to leave accrued under clause 32.1 above. 32.4 A part-time Employee paid in accordance with clause 16.3 will accrue paid leave entitlements under clause 32.1 on a Sunday or holiday prescribed under this Agreement preceding an ordinary working day, the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2) and (3) of this clause shall applypro-rata basis. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.

TEN HOUR BREAK. ‌ (1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an Employee has at least ten (10) consecutive hours off duty between the work of successive days. (2) An Employee who works so much Additional Overtime overtime between the completion termination of the Project Working Hours worked their ordinary work on one day and the commencement of the Project Working Hours their ordinary work on the next day such that the Employee employee has not had at least ten (10) consecutive hours off duty between those times shalltimes, subject to this subclause, then the employee shall be released after the completion of such overtime until the Employee employee has had ten (10) consecutive hours off duty duty, without loss of pay for Project Working Hours ordinary working time occurring during such absence. an absence provided that a lesser period than the (310) If, on hours may be agreed between the instructions of City and the Company, an Employee. If such Employee resumes is instructed to resume or continues continue work without having had such ten (10) consecutive hours off duty, the or such other lesser period as agreed, an Employee shall be paid at double time ordinary rates until the Employee is released from duty for such period period, and the Employee shall then be entitled to be absent until the Employee has had ten (10) consecutive hours hours, or such other lesser period as agreed, off duty without loss of pay for Project Working Hours ordinary working time occurring during such absence. (4) Where . Subject to sub-clause 29.7.3 the City may require an Employee to work reasonable overtime paid at overtime rates or to be banked to be taken as time in lieu. Any agreement to bank the overtime hours as time in lieu is called into to be reached between the City and the Employee prior to working such overtime. Employees classified as a Manager or on Level 8 (General Employees) or above may be required to work reasonable unpaid overtime in accordance with the remainder of this clause. Where this unpaid overtime is occurring on such a Sunday regular basis that the Employee deems it to be unreasonable, that Employee may claim the additional hours to be banked or holiday prescribed under paid out as overtime with the prior approval of their Line Manager. An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to: Any risk to Employee health and safety; Employee’s personal circumstances including any family responsibilities; The needs of the workplace or enterprise; The notice (if any) given by the City of the overtime and by the Employee of their intention to refuse it; and Any other relevant matter. Any Employee in doubt over what is reasonable or unreasonable overtime, whether paid or banked, should utilise the Dispute Settlement Procedure in this Agreement preceding an ordinary working day, (Clause 8) as the Employee shall, wherever reasonably practicable, be given ten (10) consecutive hours off duty before best way to resolve the usual starting time on the next day. If this is not practicable, then the provisions of subclauses (2) and (3) of this clause shall applymatter. (5) The provisions of this clause shall apply in the case of shift Employees as if eight (8) hours were substituted for ten (10) hours when overtime is worked: (a) For the purpose of changing shift rosters; or (b) Where a shift Employee does not report for duty; or (c) Where a shift is worked by arrangement between the Employees themselves. (6) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this clause when the actual time worked is less than three (3) hours on such recall or on subsequent recalls.