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

23. Shiftwork

23.1 Hours of work—shiftwork

(a) Shifts may be worked on any work covered by this award.

(b) The ordinary hours of work for full-time shiftworkers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days, subject to clauses 23.1(b)(i) and 23.1(b)(ii). The ordinary hours of work for a part-time employee with be in accordance clause 10—Part-time employees and for a casual employee will be in accordance with clause 12—Casual employees.

(i) Where the employer and the majority of affected employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(ii) In the absence of agreement between the employer and employee, by the employer giving not less than 7 days’ notice to each employee of such proposed change of times.

(c) The ordinary hours of work are to be worked continuously, except for meal and any rest breaks, at the discretion of the employer.

(d) Except at changeover of shift an employee will not be required to work more than one shift in each 24 hours.

(e) Transfer of an employee from day work to shiftwork, or from shiftwork to day work, will be by agreement between the employer and the employee.

(f) Shifts may be worked on a one-shift, 2 shift or 3 shift system.

23.2 Shiftwork definitions

For the purpose of clause 23:

afternoon shift means any shift commencing at or after 2.00 pm and finishing at or before midnight.

day shift in a three-shift system means any shift finishing at or after 2.00 pm and at or before 4.00 pm.

fixed night shift means a night shift on which an employee is not allowed to rotate so as to give the employee at least one week in each 3 consecutive weeks on another shift or shifts.

night shift means any shift finishing subsequent to midnight and at or before 9.00 am.

non-successive shift means afternoon or night shifts which do not continue for at least 5 successive afternoon or night shifts.

23.3 Shiftwork rates

(a) Afternoon shift

A shiftworker will be paid 115% of the minimum hourly rate for all ordinary hours worked on afternoon shift.

(b) Night shift

A shiftworker will be paid 125% of the minimum hourly rate for all ordinary hours worked on night shift.

(c) Fixed night shift

A shiftworker will be paid 130% of the minimum hourly rate for all ordinary hours worked on fixed night shift.

(d) Non successive shifts

A shiftworker will be paid:

(i) 150% of the minimum hourly rate for the first 3 hours; and

(ii) 200% of the minimum hourly rate thereafter,

for all ordinary hours worked on non-successive afternoon or night shifts.

(e) Casual shiftwork

A casual shiftworker will be paid the appropriate shift rate and the 25% casual loading (as prescribed by clause 12.4) based on the minimum hourly rate in clause 16.1 for the classification in which the casual employee is employed. For example, a casual employee working on afternoon shift would be paid 140% of the minimum hourly rate.

(f) Cleaners—shiftwork rates and cleaning penalty rates not cumulative

Where a cleaning employee is entitled to a penalty rate under clause 24.4 and a shiftwork rate under clause 23.3 in relation to the same shift, the employee will only be entitled to payment of the higher penalty rate and not both.

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

23.4 Meal break—shiftworkers

Meal breaks for shiftworkers are provided in accordance with clause 15.4.

23.5 Altering starting times

Unless otherwise agreed, an individual employee who is required to alter their starting time to enable the management to make provision for a replacement will be given at least 24 hours’ notice of the change. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 33—Consultation about changes to rosters or hours of work.

23.6 Three-shift systems

Employees engaged on a three-shift system will rotate between shifts unless otherwise agreed between the employer and employees directly concerned.

23.7 Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(a) proper health monitoring procedures being introduced;

(b) suitable roster arrangements being made;

(c) proper supervision being provided;

(d) adequate breaks being provided; and

(e) an adequate trial or review process being undertaken.