Breaks – Questions, Tips, and Initial Advice

Breaks – Questions, Tips, and Initial Advice

Breaks – Questions, Tips, and Initial Advice

Summary

Most Awards and Agreements set minimum meal and rest breaks based on hours worked. Breaks may be paid or unpaid and should generally occur at predictable times in a shift. Issues often arise where breaks are missed, delayed, or where overtime/penalties apply.

Key Questions

  • Paid/unpaid and timing of breaks.
  • Missed breaks and how they are recorded (timesheet/roster/system).
  • Direction to skip breaks; whether penalties/overtime were applied.
  • Local policy or practice.
  • Whether there was time for a break to be taken? Would a safety risk be present if they took it/would Service Delivery be impacted?

Preliminary Advice

  • Read break clause; determine entitlement by shift length and work type.
  • Confirm if missed breaks attract penalties or deferred breaks.
  • Record missed breaks and notify manager in writing contemporaneously.
  • Voluntarily skipping breaks usually undermines penalty claims unless directed/required.
  • Seek clarity on what to do when you feel a break can't be taken.

Evidence & Common Pitfalls

  • Evidence: Rosters/timesheets, direction emails, payroll extracts showing penalties, records of work completed.
  • Pitfalls: Assuming automatic overtime without clause trigger; no written record; confusing rest pauses with meal breaks, voluntarily working through a break without direction or requirement.

Escalation/Referral

·     Organiser: Collective break concerns.

·        Industrial Officer: Unresolved dispute regarding breaks or relevant payments.

Copy–Paste Email Templates

Missed Breaks Record (Member to Manager)

Subject: Missed Breaks – Recording and Request for Compliance

Dear [Manager],

On [dates], due to workload I was unable to take my [meal/rest] break at the prescribed time. Please advise what I should do in a situation like this and how this can be resolved through [Award/EBA] clause [x].

Kind regards,
[Name]
[Role]

Evidence Request (MSO to Member)

Subject: Breaks – Evidence Needed

 

Hi [Name],

 

Could you please send me the following:

·        
      - Roster and timesheets for the affected shifts

·        
      - Any emails/directives about skipping breaks

·        
      - Payslips showing any overtime/penalties applied

·        
      - An explanation of why you were unable to take the break including any safety concerns

 

We’ll review the information as well as the break clause and advise you on next steps.

 

Kind regards,

[Your Name]

Member Services


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