AN120196 – Engine Drivers General (State) Award

23. MEAL INTERVAL DURING OVERTIME

23.1 Employees shall be allowed the same conditions as to the meals and meal intervals to be allowed whilst working overtime as are prescribed by award, determination or industrial agreements - Commonwealth or State - for the general body of employees of the industry in which they are employed. Where no such alternative provision exist the terms of this clause shall apply.

23.2 Crib Breaks

(a) An employee required to work in excess of one and a half hours of overtime shall be allowed a meal break of 20 minutes, to be paid at ordinary rates, before the commencement of such overtime.

(b) An additional crib break of 20 minutes shall be allowed after each four hours of overtime if the overtime is to continue.

(c) Where a day worker on a five-day week is required to work overtime on a Saturday the first meal break time, if occurring between 10 a.m. and 1 p.m., shall be paid at ordinary rates.

(d) An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

23.3 Meal Allowance

(a) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that the employee shall be so required to work shall either be supplied with a meal by the employer or paid an allowance as specified in item 13 of table 2 for the first meal and each subsequent meal.

(b) Such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

(c) Unless the employer advises an employees on the previous day or earlier that the amount of overtime to be worked will necessitate the taking of a second or subsequent meal (as the case may be), the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

(d) If an employee pursuant to notice has provide a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee shall be paid as prescribed for meals which the employee has provided but which are surplus