Common use of Breaks between working days Clause in Contracts

Breaks between working days. An Employee is entitled to a break of least 10 consecutive hours off duty between completion of overtime, weekend work or work on public holidays, and recommencement of their next ordinary working day. For example, an Employee who finishes overtime at midnight will not be required to recommence work until 10:00 am the following day but shall be paid from their normal start time as if they were at work. Where the Employer requires the Employee to recommence work before they have had 10 consecutive hours off duty, the Employee will be paid at double time rates until they cease work. The Employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. The parties agree the 10hour break is important for the purposes of fatigue management. Accordingly, for the purposes of calculating when the 10 hour commences the “completion of overtime” referred to in clause 41.8 shall include the travel time the Employee takes to return directly to their normal place of residence or accommodation.