15. Breaks

[Varied by PR743432]

15.1 Unpaid meal breaks

(a) No employee will work for longer than 5 hours without a minimum 30 minute unpaid meal break. Any alternative arrangements between the employer and the employee must be by mutual agreement between the parties.

[15.1(b) varied by PR743432 ppc 11Jul22]

(b) An employee called upon to work during meal break will be paid at overtime rates for that period.

15.2 Paid rest breaks—meat processing establishments only

(a) Subject to the other parts of clause 15.2, employees whose duties are integral to the operation of a mechanised chain, conveyor, or other similar constantly moving system of production, or a non-mechanised rail system of conveyance, will be entitled to a rest break of 10 minutes during their ordinary hours of work, to be taken in the first half of the day or shift, at a time to be decided by the employer.

(b) Employees whose duties are integral to the operation in clause 15.2(a) means employees of the following classifications who are engaged to work on or in close connection with the relevant system of production or conveyance, namely:

(i) Slaughtering operations—slaughterers, knife-hands, gut-room labourers, tripe room labourers; and

(ii) Boning operations—boners, slicers, packers (including cryovac operators and scalers, where employed as part of a packing team), pre-trimmers and employees engaged to push carcases or sides to or from slaughterers or boners on rail systems.

(c) A rest break taken in accordance with clause 15.2(a) will count as ordinary time worked.

(d) Clause 15.2 will not apply to a meat processing establishment unless it employs a total of more than 15 employees referred to in clauses 15.2(a) and 15.2(b).

(e) The employer and the majority of employees in any establishment or section of an establishment may, in relation to the rest break provided in clause 15.2(a) agree to:

(i) extend or reduce the length of the rest break;

(ii) split the break into different periods, or add further rest breaks;

(iii) forego the taking of a rest break;

(iv) forego payment for all or part of any rest break provided in clause 15.2; or

(v) an alternative arrangement.

(f) An employee is not entitled to a rest break under clause 15.2(a) unless the employee is rostered to work at least a total of 4 hours on that day or shift.

15.3 Interruption of work

If an interruption of work for any cause occurs within 20 minutes of the commencement of a rest break or within 20 minutes of a normal meal break, the employer may direct that the rest break or meal break be taken. Provided that where there is a breakdown of machinery within one hour of the time of the normal meal break, the employer may require employees to have their meal break at an earlier time.

15.4 Shiftworkers

An employer must provide a shiftworker, except a shiftworker engaged on a three-shift system, with either:

(a) an unpaid meal break in accordance with clause 15.1(a); or

(b) crib time of 30 minutes after working 5 hours, which will be counted as time worked and to be taken at a time agreed between the employer and a majority of employees directly concerned.

Part 4—Wages and Allowances

22. Overtime

[Varied by PR724002, PR763258]

22.1 Entitlement to overtime and payment

(a) All time worked outside ordinary working hours on any day as prescribed in clauses 14.1 to 14.6 (or in the case of a shiftworker, outside the hours rostered as ordinary shiftwork hours in accordance with clause 14.7) will be deemed to be overtime and be paid 150% of the employee’s minimum hourly rate for the first 3 hours and 200% thereafter.

(b) All overtime worked on a Sunday in meat processing establishments must be paid at 200% of the employee’s minimum hourly rate with a minimum payment of 4 hours.

[22.1(c) inserted by PR724002 ppc 20Nov20]

(c) The casual loading prescribed by clause 12.4(a)(ii) will not be paid for overtime hours worked.

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates including overtime rates.

22.2 Time off instead of payment for overtime

(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 22.2 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’ time off.

(c) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.2 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.2(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.2 will apply for overtime that has been worked.

[Note varied by PR763258 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.2.