AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) UNPAID MEAL BREAKS
(a) Where it is not impracticable to relieve an employee from the workstation, an employee shall be allowed an unpaid meal break in accordance with the following:
(i) more than 5 and up to 8 ordinary hours - 30 minutes; or
(ii) more than 8 and up to 10 ordinary hours - 45 minutes; or
(iii) more than 10 and up to 12 ordinary hours - 1 hour.
(b) Provided the employer and employee may agree to vary the entitlement above to not more than one and one half hours total unpaid meal breaks and may make suitable arrangements for the meal breaks to be split into not more than three parts.
(c) The time of taking a scheduled unpaid meal break by one or more employees may be altered by the employer if it is either agreed to by the employee(s) or is necessary to do so in order to meet a requirement for continuity of operations.
(d) The employer and employee may agree that the employee work for up to six hours without taking a meal break referred to in this clause.
(e) An employee who is rostered to take an unpaid meal break and is prevented from doing so for more than one hour from the scheduled time shall be paid at overtime rates for the period commencing at the scheduled meal break until the meal interval is taken. Nothing in this subclause shall be read as a requirement to pay overtime rates for any hours outside of the rostered shift.
(2) PAID MEAL BREAK
(a) Where it is impracticable for an employee to be relieved from the work station for a rostered and uninterrupted meal break, a paid meal break shall be allowed to an employee in accordance with the following:
(i) more than 5 and up to 8 ordinary hours - 20 minutes; or
(ii) more than 8 and up to 10 ordinary hours - 30 minutes; or
(iii) more than 10 and up to 12 ordinary hours - 45 minutes.
(b) Employees entitled to a paid meal break shall be allowed the meal break at the work station to partake of meals and refreshments that would ordinarily be allowed for unpaid breaks. Provided that customer service shall be maintained at all times.
(c) The paid meal break shall be considered as time worked for all purposes of the award.
