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if paragraph (1)(b) applies-the period of 4 hours mentioned in that paragraph includes the period of overtime to which the ban applies. (3) If: (a) the industrial action is during a shift (or other period of work); and (b) the shift (or other period of work) occurs partly on one day and partly on the next day; then, for the purposes of this section, the shift is taken to be a day and the remaining parts of the days are taken not to be part of that day. Example: An employee, who is working a shift from 10 pm on Tuesday until 7 am on Wednesday, engages in industrial action that is not protected industrial action from 11 pm on Tuesday until 1 am on Wednesday. That industrial action would prevent the employer making a payment to the employee in relation to 4 hours of the shift, but would not prevent the employer from making a payment in relation to the remaining 5 hours of the shift. Chapter 3 Rights and responsibilities of employees, employers, organisations etc. Part 3-3 Industrial action Division 9 Payments relating to periods of industrial action