AN120196 – Engine Drivers General (State) Award
22.1 An employee shall not be required to work for more than five hours without a break for a meal. Provided that:
(a) in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours an employee shall not be required to work for more than six hours without a break for a meal; and
(b) by agreement between an employer and the majority of employees in the plant, work section or sections concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.
22.2 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.
22.3 An employer may stagger the time of taking a meal and rest break to meet operational requirements.
22.4 Subject to the provisions of subclause 22.1, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.
22.5 Except as provided in subclauses 22.1 and 22.4 hereof, and except where any alternative arrangement is entered into, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.
22.6 Meal breaks shall be between half and one hour duration as otherwise agreed between the employer and the majority of employees in the plant or section/s and shall not be counted as time worked.
