AN160141 – Gold Mining Consolidated Award 1980

9. - REST BREAKS AND RECALL TO WORK - ALL EMPLOYEES

(1) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

(2) An employee (other than a casual employee) who works so much overtime between the termination of that employee's ordinary work on one day and the commencement of that employee's ordinary work on the next day that such employee has not at least ten consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until such employee 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 that employee's employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, that employee shall be paid at double rates until that employee is released from duty for such period and that employee shall then be entitled to be absent until that employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(4) (a) Where an employee (other than a casual employee or an employee engaged on continuous shift work) is called in to work on a Sunday or a holiday preceding an ordinary working day, that employee shall, wherever reasonably practicable, be given ten consecutive hours off duty before that employee's usual starting time the next day. If this is not practicable then the provisions of subclause (2) and (3) of this clause shall apply mutatis mutandis.

(b) Overtime worked in the circumstances specified in subclause (7) of clause 8. - Overtime shall not be regarded as overtime for the purpose of paragraph (a) of this subclause, where the actual time worked is less than four hours on such call or on each of such calls.

(5) Provided that the provisions of this clause shall apply in the case of shift employees 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 employee does not report for duty; or

(c) where a shift is worked by arrangement between the employees themselves.

(6) No employee shall be required to work without a meal break for more than five and a half consecutive hours either -

(a) from the start of overtime work; or

(b) from the previous meal break.

(7) An employee who without notification on the prior day or shift is required to work overtime shall be entitled to be supplied with a meal (or $4.30 in lieu) when that employee works more than one hour beyond the rostered ordinary hours of the day or shift.