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AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002

23. MEAL BREAKS

23.1 An employee shall not be required to work for more than five hours without a break for a meal. Provided that:

23.1.1 In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours an employee shall not be required to work for more than six hours without a break for a meal; and

23.1.2 by agreement between an agency and the majority of employees in the agency, work section or sections concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

23.2 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an agency if it is necessary to do so in order to meet a requirement for continuity of operations.

23.3 An agency may stagger the time of taking a meal and rest break to meet operational requirements.

23.4 Subject to the provisions of 23.1 hereof, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.

23.5 Except as provided in 23.1 and 23.4 hereof, and except where an alternative arrangement is entered into as a result of workplace discussions as provided in this award, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

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