Meal and Rest Breaks – When do they need to be Provided?
Meal and Rest Breaks – When do they need to be Provided?
I still regularly receive questions from members about meal breaks and when their employees need to be provided with one. Below is a summary of meal break requirements with an emphasis on the Registered and Licensed Clubs Award 2020 (Clubs Award).
Clubs Award – Meal Break Requirements
Under the Clubs Award, clause 17 deals with meal breaks. Employees will be entitled to the following:
- Where an employee works or is rostered for more than 5 hours in a day they must be given an unpaid meal break of at least 30 minutes, and this must be given between 1.5 and 5 hours of them starting work.
- If an employee works more than 5 hours after being given the above unpaid meal break, they must also be given an additional 20 minute paid break.
Where an employee is rostered for a 5 hour shift, they do not have to be provided with an unpaid meal break, but they can elect to have a 30 minute unpaid break and an employer can’t unreasonably refuse this request.
There are also circumstances where instead of the unpaid meal break above an employee must or can be provided with a paid crib break instead:
- Where a club employs fewer than 10 people under the Clubs Award the unpaid meal break can be substituted with a paid 20 minute crib break instead which can be taken by an employee at any time within their days shift.
- If an employee is the only one rostered for duty on a particular day or shift and/or their hours of work fall entirely between 11:00pm-8:00am then they will be given a 20 minute paid crib break which can be provided instead of an unpaid meal break.
Clause 17.6 also specifies that maintenance & horticultural employees are entitled to paid tea breaks. These paid tea breaks are to be provided as follows:
- 2 x 10 minute paid tea breaks, to be counted as time worked, in the morning and afternoon at a time arranged by the employer; or
- An employee and employer, can instead agree to combine the breaks into one paid tea break of 20 minutes duration instead.
Maintenance & horticultural employees that work a period of overtime that is over 1.5 hours will also be entitled to a 20 minute paid meal break (at ordinary rates) prior to starting overtime work. They will also be allowed a further 20 minute paid crib break for each 4 hours of overtime they work if they would continue work after this break is given.
Employees under other Awards or Agreements
If a club has employees under a different Award or Agreement then it is important they look at this to see what their break clause stipulates.
For example, clause 14 of the Racing Industry Ground Maintenance Award 2020 sets out breaks requirements and this includes an employee being allowed an unpaid meal break of not less than 30 minutes, which will be taken not later than 5 hours after commencing work. Paid tea breaks of 10 minutes duration are also allowed during the morning and afternoon periods of each working day amongst other potential entitlements.
Under the Racing Clubs Events Award 2020, break requirements are set out in clause 16 and there is a difference in break entitlements for permanent and casual staff.
Penalties for not providing a break
If an unpaid meal break is not given as required under an Award or Agreement, then an employee is likely entitled to an additional penalty rate until they receive a suitable break.
For example, under the Clubs Award an employee must be paid 150% of their ordinary rate plus any other applicable penalty rates or loadings until they get a meal break or their shift ends. This however does not apply to a club manager who is receiving a salary that is 20% or more than the annual award rate for their classification as per clause 18.4(a).
Meal Breaks - Award and Agreement Free Employees & Volunteers
Whilst not common, if a club did have an employee who was not reasonably able to be covered by any award or agreement then they wouldn’t have a set meal and rest break requirement as such unless this was stipulated in their contract. Reasonable breaks still need to be given however to meet fatigue management & WHS obligations and failure to do so will certainly bring risks.
Volunteers also do not have set meal and rest break requirements but should be provided with adequate breaks for the same reasons above.
