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Working time rule – Minimum 8 hours break after overtime

Learn about the Working time rule - Break of 8 hours after shift type (Overtime) - Restaurant clause 23.2.

Saad Saeed avatar
Written by Saad Saeed
Updated over a year ago

🎯For admins using the Restaurant award who want to be informed when scheduling shifts without minimum hours off after overtime. Read more about the Restaurant award here. Click on Working time rules if you want to know more about them.

If you’re unsure of the correct Award coverage for your company or your employees, we encourage you to visit the Fair Work Commission Awards finder page or contact the Fair Work Ombudsman to discuss this further. Getting this right is very important and sets the foundation for paying your employees correctly. You should also seek any independent legal advice as appropriate for your business.

How is the ‘Minimum 8 hours break after overtime’ Working time rules set up?

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⬆️ In Planday, go to Settings > Schedule > Working time rules. Here you’ll find a Working time rule with the type Minimum hours off after Shift type.

  • Restaurant (MA000119) - Minimum 8 hours break after working overtime

Click on the pen icon to edit the rule.

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Here you’ll find the following information:

  1. The name of the Working time rule, the minimum hours off, and a selection of overtime-related Shift types.

  2. The Employee groups for which this rule will activate (by default All).

  3. The Employee types the rule applies to such as those that come under the Restaurant (MA000119) award.

Note: Awards have specific requirements regarding minimum hours off between rostered shifts. Planday supports some of these rostering restrictions in line with the Award, through pre-set Working time rules as detailed in this article. Please check your award and review the rostering restrictions applicable before changing who the Working time rules apply to.

How it works in the schedule

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⬆️ On one of the days, Gordon works a shift and stays overtime for half an hour:

  • From 3 pm to 11 pm

  • From 11 pm to 11:30 pm

If a shift is added from 7 am to 3 pm, the following working time rule warning will activate:

“Restaurant (MA000119) - Minimum 8 hours break after working overtime: The employee is working 7.5 hours after a shift with Shift type “Overtime” which doesn't meet the minimum of 8.“

You can then ignore the warning to either create the shift, cancel the shift or edit the times of the shift to ensure it is not in conflict with the working time rule.

Note: Please note that ignoring the working time rule could be in breach of your compliance obligations. You should seek independent legal advice as appropriate for your business.

To export a record of working time rule infractions, you can download a Working time rule report under Schedule > Tools > Working time rule report (Excel format).

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