AP817693 - Kmart Australia Ltd Award 2002

18. MEAL BREAK AND REST BREAKS

18.1 Unpaid meal break

18.1.1 No employee shall work for more than five hours continuously without an unpaid meal break.

18.1.2 Meal breaks shall be between 45 to 60 minutes for lunch between 11.00 a.m. and 3.00 p.m. and dinner between 4.30 p.m. and 7.00 p.m.

18.1.3 Meal breaks may be reduced to 30 minutes with the agreement of the employee.

18.1.4 Unless mutually agreed no meal break shall be given or taken within one hour of the employee's commencing or ceasing time.

18.2 Paid rest breaks

18.2.1 One paid rest break of ten minutes shall be provided when an employee works:

• four hours in Victoria, Tasmania, Queensland and Northern Territory
• More than four hours elsewhere

18.2.2 An additional paid rest break of ten minutes shall be provided when an employee works;

• seven hours or more in Victoria, Tasmania, Queensland and Northern Territory
• More than eight hours elsewhere

18.2.3 The taking of a rest break shall be at a time mutually agreed upon by the parties. If the work period includes a meal break, the rest break is to be granted in that portion of the work period which is greater. Unless mutually agreed no rest break falling within a work period of three hours or more 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.

18.2.4 All rest breaks shall be deemed as time worked.