AP799690 - Transport Workers’ (Oil Companies) Award 1998
16.1 Rest breaks - other than meal break
16.1.1 Subject to observance of national driving hour regulations, all employees will be allowed a rest break of ten minutes at a mutually agreed time during each period of at least four hours ordinary working time and during each continuous period of at least four hours.
16.1.2 In the absence of agreement, rest breaks shall be taken at the direction of the employer.
16.2 Rest breaks before or after overtime
16.2.1 Monday to Friday
16.2.2(a) Subject to the provisions of this subclause, wherever practicable, employees will have at least a ten hour rest period between the work of successive days or shifts where overtime is worked. In the absence of a ten hour rest break the employee, after the completion of the overtime, shall be released from duty at the commencement of the next work period until ten hours has elapsed, and without loss of pay for ordinary working time occurring during the absence.
16.2.1(b) Should an employee’s rest period end within two hours of normal finishing time, the employee will not be required to report for work on that day or shift. If, on the instructions of the employer, the employee resumes, or continues, work without having had a rest period, the employee will be paid at double time until released from duty for the rest period and granted leave of absence from duty until the rest period has been taken without loss of pay for ordinary working time occurring during the absence.
16.3 Sunday
16.3.1 An employee (other than a casual employee) who works on a Sunday upon the termination of work will be entitled to be absent until the period of rest has been taken as provided in 16.2 hereof without reduction of pay for the ordinary time of duty occurring during the absence.
16.3.2 Except for the occasion when a shift employee exchanges shifts with another shift employee with the employers approval (without limiting the scope of this subclause), any overtime required to provide necessary shift coverage will be shared between the employees of the off-going shift and the on-coming shift.
16.4 Rest breaks upon transfer of day worker to or from shift work.
An employee on day work, will be given at least ten hours off duty immediately before commencing or after ceasing shift work. An employee may be transferred to, or from, shift work on forty-eight hours notice. In default of such notice the employee will be paid overtime rates for all work done outside the previous ordinary working hours during the forty-eight hours following notification.
