Under the Children's Services Award 2010, an employee is entitled to a 10-hour rest period from the completion of work on one day and starting work the following day:

22.3 Breaks between work periods

(a) All employees will be entitled to a 10 hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime.

New automation has been introduced to the Managed Template to consider the rest period between shifts ending in ordinary hours and non-ordinary hours.

Previously, the penalty for not meeting the required rest period between shifts was automatically applied if the previous shift ended in overtime.

Now, with the addition of new functionality the penalty for not meeting the required rest period between shifts will automatically apply if the previous shift ends in ordinary hours or overtime.

If an employee is working without having an adequate rest period between shifts, they will be paid at overtime rates until they are released from duty. This is based on clause 22.3(b) of the Award:

22.3 Breaks between work periods

...

(b) Where an employee recommences work without having had 10 hours off work the employee will be paid at overtime rates until such time as they are released from duty for a period of 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of such absence.

Please see the below examples of the application of this overtime condition.

Example 1:

Less than 10 hours between shifts when the previous shift ends in ordinary hours.

Previous shift ending in ordinary hours:

Subsequent shift triggers the Less than 10 hours between shifts penalty:

Example 2:

Less than 10 hours between shifts when the previous shift ends in overtime.

Previous shift ending in overtime:

Subsequent shift triggers the Less than 10 hours between shifts penalty: