AP806313CRV - National Fast Food Retail Award 2000

26. MEAL TIMES AND REST PAUSES

26.1 When and where it can be conveniently arranged by the employer an employee who works more than four ordinary hours on any day shall be allowed a rest pause of ten minutes.

26.2 A rest pause shall be counted and paid for as time worked. No rest pause shall be given or taken within one hour of the employee's commencing or ceasing time or within one hour before or after any meal break.

26.3 The meal break will be not less than 30 minutes nor more than one hour, the duration of which will be decided by the employer having regard to the needs of the business.

26.4 A meal break shall be given and taken so that no employee shall work more than five consecutive hours without a meal break.

26.5 Meal breaks are not counted and not paid for as time worked.

26.6 An employee who works nine hours or more on any day shall be allowed two rest pauses (each of ten minutes duration) if only one meal break is taken; or one rest pause of ten minutes if two meal breaks are taken.

26.6.1 Provided that where two rest pauses and one meal break are taken, then one rest pause shall be taken before the meal break and one rest pause shall be taken after the meal break.

26.6.2 Provided further that where two meal breaks and one rest pause are taken during any shift then the rest pause shall be taken during the longest unbroken part of such shift.

26.7 Subject to the provisions contained in this clause the actual period of the meal break shall be determined by the employer but shall be subject to discussions and where practicable agreement with the union and the employee concerned in respect of any individual shop where it is alleged arrangements adopted as to the duration or time of a meal break are contrary to the wishes of the majority of employees or operate unfairly or to the disadvantage of employees the grievance procedure of this award must be followed.

26.8 Employees whose primary function is backfilling in a freezer room (ie a room with an inside temperature falling below 0 degrees Celsius) must not be required to work in such room for longer than two hours without a ten minute paid rest pause and, where applied, such rest pause shall be in substitution for any other rest pause under the award, which occurs at or around the same time.