Common use of Minimum Break Clause in Contracts

Minimum Break. (a) The Employer will use its best endeavours to ensure a minimum break of: Nine (9) hours between shifts and: Ten (10) hours between a call-in and the commencement of another shift except where the first call in is after 4.30am. (b) An employee will be released from work without loss of pay until they have had 10 hours break in accordance with (a) above. The employee will therefore not attract a loss of pay for rostered hours (if they cannot return to resume) but will be expected to return to their rostered site to resume their duties after the minimum break period. (c) Furthermore, if the employee is unable to take the minimum break and is directed to work by management, overtime rates will apply until relevant minimum break is taken. (d) Overtime rates will not apply where an employee voluntarily commences a new shift without having taken the requisite minimum break, due to staff choosing to swap shifts to suit personal requirements.