AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
25.1 Meal breaks
25.1.1 An employee who works five ordinary hours or more on any day must be allowed on that day a meal break of one hour (45 minutes in any establishment in which a clean well ventilated room, adequate table and seating accommodation and sufficient crockery, cutlery and hot water are provided for the employee). However where mutual agreement exists between the employee and the employer a meal break of 30 minutes may apply.
25.1.2 The meal breaks referred to in 25.1 must be given and taken so that no employee will work more than five consecutive hours without a meal break.
25.1.3 An employee who is required to work on any day later than 6.30 p.m. (other than in shops which close at 7.30 p.m.) must be allowed not less than 30 minutes or more than one hour for an evening meal on that day between 4.30 p.m. and 6.30 p.m.
25.1.4 To meet special cases the employer and the majority of employees at an enterprise may agree to apply alternative arrangements regarding meal times subject to the employer informing each union which is both a party to the Award and which has members employed at the particular enterprise of the arrangements and providing a reasonable opportunity for the union(s) to participate in negotiation.
However an employee may elect, with the consent of the employer, to apply alternative arrangements for meal times.
25.1.5 By mutual agreement between an employer and an employee, where not more than one employee is engaged in a shop, an employee may forego time off for a meal if the employee is paid an additional 45 minutes at time and one half. Reasonable arrangements must be in place for the employee to partake of a meal on the job during quieter periods. The details of the agreement will be recorded in writing.
25.2 Rest breaks
25.2.1 When and where it can be arranged conveniently by the employer, each employee who works more than four hours on any one day must be allowed a rest pause of ten minutes.
25.2.2 An employee who works five hours or more on any day must be allowed both a meal break and one rest pause of ten minutes. If where the meal break begins on or before the middle of a shift, then the rest pause must be taken after the meal break and where the meal break starts after the middle of a shift then the rest pause will be taken before the meal break.
25.2.3 An employee who works nine hours or more on any day must 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. Where two rest pauses and one meal break are taken, then one rest pause is to be taken before the meal break and one rest pause is to be taken after the meal break.
25.2.4 However where two meal breaks and one rest pause are taken during any shift then the rest pause is to be taken during the longest unbroken part of that shift.
25.2.5 No rest pause will be given or taken within one hour of the employee’s commencing or ceasing time or within one hour before or after any meal or crib break.
25.2.6 A rest pause is time worked.
25.2.7 An employee who works two hours or more in a freezer room must be allowed a ten minute paid rest pause and, where applied, this rest pause will be in substitution for any other rest pause under the award, which occurs at or around that time.
