AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
21.1.1 Duration and maximum time without a meal break
21.1.1(a) Meal breaks shall be at the discretion of the employer provided that such breaks shall not exceed 45 minutes.
21.1.1(b) Provided that an employee shall not be compelled to work for more than six hours without a break for a meal. Where possible the normal meal break should be as near as practicable to the middle of the period of duty or shift in lieu thereof.
21.1.2 Payment for work during meal break
21.1.2(a) Except as provided in 21.1.2(b) hereof for all work done during the normal meal break and thereafter until a meal break is allowed time and a half rates shall be paid.
21.1.2(b) Subject to the provisions of 21.1.1 hereof an employee employed on regular maintenance work shall work during meal breaks at the ordinary rates herein prescribed whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done while such plant is idle.
An employee shall not be compelled to work for more than six hours without a meal break. Any employee who, by mutual arrangement continues work beyond that time because of emergency work problems, shall be paid at the rate of time and a half until a meal break is given or the ordinary daily hours of work as prescribed are completed.
21.3 In the Australian Capital Territory
21.3.1 Pack up time
A period of not more than five minutes daily shall be allowed without deduction of pay to enable employees to pack up their tools of trade prior to ceasing work for the day.
21.3.2 Meal breaks
As provided in 21.3.2 and 21.3.3(a) hereof, meal breaks shall be at the discretion of the employer provided that such breaks shall not exceed 45 minutes. Where possible the normal meal break should be as near as practicable to the middle of the period of duty or shift in lieu thereof.
21.3.3 Working during meal break
21.3.3(a) An employee, other than a shift worker called upon to work during the recognised meal hours, shall be paid overtime rates for all time so engaged and such overtime shall continue until the employee has had the usual time off for a meal.
[21.3.3(b) varied by Q9130 ppc 30Jun98]
21.3.3(b) Unless the period of overtime is less than one and a half hours an employee after working the ordinary hours shall, before starting overtime, be allowed a meal break of thirty minutes which shall be paid for at ordinary rates. An employer and employee may mutually 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 thirty minutes.
