AP799111 - Tugboat Industry Award 1999

15. REST PERIOD AND PAYMENT FOR EXTENDED DUTIES

15.1 All references to columns in this clause are references to the columns for the respective ports in Table 3.

15.2 The exhaustion threshold in a port is the period of continuous working hours identified in column 1 for the port.

15.3 Subject to the 15.4 and 15.7, an employer may require an employee to perform work continuously beyond the exhaustion threshold where:

15.3.1 it is reasonably necessary to meet the operational requirements;

15.3.2 the employer endeavours to terminate the period of continuous work as soon as practicable; and

15.3.3 the employer grants the employee a rest period for no less than the number of hours specified in column 2 before requiring the employee to resume duty.

15.4 Any employee required to work continuously beyond the exhaustion threshold must be paid in accordance with the rate or additional payment specified in column 3 for each hour (or part thereof) in excess of the exhaustion threshold.

15.5 For the purposes of this clause, an employee's continuity of work is to be regarded as unbroken by:

15.5.1 meal breaks if column 4 applies to the port; and

15.5.2 any other authorised period off duty less than the number of hours specified in column 5.

15.6 In ports to which column 6 applies, work associated with opening up or closing down a tug does not count as duty or working time unless the remainder of the crew is on duty and working at that time.

15.7 The special provisions identified in column 7 for a port or employer will apply and prevail over inconsistent provisions in this clause.