Understanding Employee Breaks and Your Legal Obligations

Employees are entitled to rest breaks and meal breaks under many modern awards. Employers must understand what applies to their staff and ensure breaks are provided in line with the law.

Here’s a guide to help you get it right.

Award Requirements

Most employees are covered by a modern award. Awards often require:

• A paid rest break (usually 10 minutes) after four hours of work

• An unpaid meal break (usually 30 to 60 minutes) after five hours

The exact break entitlements depend on the relevant award. Some roles may be

covered by enterprise agreements with different provisions.

If No Award Applies

If your employees are not covered by an award or agreement, the Fair Work Act does not mandate breaks. However, it is good practice to provide reasonable rest and meal breaks to support wellbeing and productivity.

Break Timing and Duration

Employers can generally determine when breaks are taken, provided this is reasonable and consistent with the award. Breaks should be clearly recorded in rosters and timesheets.

Risks of Non-Compliance

Failing to provide breaks can result in:

• Breaches of the relevant award

• Claims for missed break penalties

• Complaints to the Fair Work Ombudsman

Final Thoughts

Employee break entitlements can vary depending on the industry and award. Check what applies to your staff and update your rosters and policies accordingly.

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This blog is intended for general information purposes only and does not constitute legal advice. The content is based on Australian law and may not be current at the time you read it. Legal requirements may vary depending on your circumstances. Always seek independent legal advice tailored to your specific situation before acting on any information provided.