AN150038 – Clerks (Retail Industry) Award

CLAUSE 6.2 MEAL BREAKS
OPDATE 12:03:2004 on and from

6.2.1 No employer will employ an employee (be that employee under a full-time, part-time or casual contract of employment) for more than 5 hours continuously without an interval for a meal or an interval for a paid tea break when overtime is worked.

6.2.1.1 All full-time employees who work more than 5 hours in one day will be allowed the following unpaid meal intervals:

6.2.1.1(a) Where an establishment does not trade after 12:30pm on Saturday in any given week, from Monday to Friday a minimum of 30 minutes and a maximum of 60 minutes to be taken between 11:00am and 3:00pm and an evening break for a minimum of 30 minutes and a maximum of 45 minutes between 4:30pm and 7:00pm.

6.2.1.1(b) Where an establishment trades after 12:30pm on Saturday in any given week, from Monday to Saturday a minimum of 30 minutes and a maximum of 60 minutes to be taken between 11:00am and 3:00pm, and an evening break of a minimum of 30 minutes and a maximum of 45 minutes between 4:30pm and 7:00pm.

6.2.1.1(c) Where a full-time employee becomes entitled to two meal intervals in any one day the minimum total of intervals will be one hour and 15 minutes.

6.2.1.2 Where a casual or part-time employee is entitled to a meal break by virtue of the operation of this clause the time of the taking of such meal break will be determined by the employer, provided that no casual or part-time employee will be entitled to a second break until the completion of 9 hours work.

6.2.1.3 A full-time employee will receive a paid morning or afternoon break the duration of which will not exceed 10 minutes. However, employees commencing their lunch break before 12:00 noon will be allowed a 20 minutes afternoon tea break and employees commencing their lunch break at 2:00pm or later will be allowed a 20 minute paid morning tea break. Part-time and casual employees who work in excess of 5 hours in any one day will be entitled to the same paid break as is provided to full-time employees.

6.2.1.4 An employee required to work overtime after 6:30pm but not later than 7:00pm will be allowed an unpaid break of 20 minutes between 3:00pm and 4:00pm provided however that by mutual agreement between employer and employee an employee may continue working until 7:30pm for the purpose of completing work required.

6.2.1.5 An employee required to work overtime beyond 7:30pm will be allowed an unpaid 30 minute tea break to be finished not later than 6:30pm.

6.2.2 Meal break during overtime

6.2.2.1 Any employee who on any day is required to:

(a) remain at work;

(b) return to work after the usual finishing time;

will, when that additional work necessitates taking a meal away from the employees place of residence, be supplied with a suitable meal by the employer,
or be paid a meal allowance as prescribed in Schedule 3, that will be paid to the employee on the next day.

6.2.2.2 An employee required to work overtime will be allowed a meal break of not more than one hour or less than 30 minutes (which will be counted as time worked) to commence not more than 5 hours from the commencement of work or from the end of the lunch period taken as provided by clause 6.4.