Know your rights: Meal breaks
Are you aware of your union-negotiated Award conditions, and how they interact with your work daily?
Recently we have fielded enquiries from members surrounding meal breaks. Below are relevant extracts from the Crown Employees (Public Service Conditions of Employment) Reviewed Award regarding meal breaks.
- Meal Breaks
15.1 Meal breaks must be given to and taken by employees. No employee shall be required to work continuously for more than 5 hours without a meal break, provided that: –
15.1.1 where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the employee agrees. If the employee requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and
15.1.2 where the nature of the work of an employee or a group of employees is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Department Head and the Association to provide for payment of a penalty.
- Standard Working Hours
20.1 Standard hours are set and regular with an hour for lunch and,
- Flexible Working Hours
21.8 Lunch break – The standard lunch period shall be 1 hour. With the approval of the supervisor, the lunch period may be extended by the employee up to 2 and 1/2 hours or reduced to not less than 30 minutes within the span of hours determined by the Department Head.
Directions that reduce your entitlements
If you ever receive directions from your employer about changes to your conditions, without consultation, that may be incorrect information and your union can help you.
If your employer says things like:
- You can eat your lunch in the car (while driving for work purposes)
- Sometimes you can only take 15 minutes and it will even out because you are not always busy
they may be breaching your Award conditions. The PSA strongly advises you to take your prescribed breaks in full as they are your entitlement and are there for a reason, which has been negotiated and agreed upon by all parties involved.
Not yet a member?
Know your rights and join the PSA today at www.psa.asn.au/join.