Rest breaks and meal breaks are periods during a shift where employees are entitled to cease work, governed by Modern Awards and WHS legislation.
Legislation: Modern Awards; Work Health and Safety Legislation | Category: Working Hours
What is Breaks (Rest and Meal)?
Rest breaks and meal breaks are periods during a shift where employees are entitled to cease work. Entitlements to breaks are primarily governed by Modern Awards and enterprise agreements, with specific requirements varying significantly between industries. Work health and safety legislation also requires employers to ensure workers have adequate rest.
Most awards distinguish between paid rest breaks (typically 10-20 minutes) and unpaid meal breaks (typically 30-60 minutes). The timing and duration of breaks often depends on the length of the shift and the nature of the work.
Key Compliance Points for Employers
- Check the specific award or agreement for exact break entitlements — these vary significantly
- Some awards require a meal break within a certain number of hours from shift start
- If employees are required to remain available during breaks, the break may be considered paid working time
- Failure to provide adequate breaks can be both an award breach and a WHS issue
- Records of breaks should be maintained as part of time and wages records
Frequently Asked Questions
What is Breaks (Rest and Meal)?
Rest breaks and meal breaks are periods during a shift where employees are entitled to cease work, governed by Modern Awards and WHS legislation.
Why is Breaks (Rest and Meal) important for employers?
Understanding breaks (rest and meal) helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
