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AP769412CRV - Business Equipment Industry - Technical Service - Award 1999

25. BREAKS

25.1 Except as provided for in 25.2 hereof, where practicable, an employee shall not be required to work for more than five hours without a break for a meal which shall be for a period of not less than 30 minutes and not more than 60 minutes.

25.2 Flexibility in relation to meal breaks

25.2.1 The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:

25.2.1(a) employees may work in excess of five hours but not more than six hours without a meal break (except in the case of twelve hour days or shifts);

25.2.1(b) meal breaks may be for a period of less than 30 minutes, but not less than twenty minutes.

25.2.2 Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

25.3 An employee directed by the employer to work in excess of five hours without a meal (or such period as extended in accordance with 25.2 hereof) shall be paid at the rate of time and one half for the meal period and the employee shall be permitted to have the employee’s usual meal period without deduction from the employee’s wage as soon as possible after the prescribed meal period.

25.4 This clause shall not operate outside an employee's ordinary working hours. Meal breaks during overtime are prescribed in clause 26 – Overtime, of this award.

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