AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
36.1 An employee shall be allowed a regular meal break during his/her ordinary hours of work except where unforeseen extraordinary circumstances arise which make the allowance of the regular meal break impracticable.
36.2 The meal break shall:
36.2.1 be of a regular duration of not more than one hour or less than 30 minutes;
36.2.2 commence not earlier than three and one-half hours after an employee’s fixed starting of the ordinary hours of work.
36.2.3 commence not later than five and one-half hours after an employee’s starting time of the ordinary hours of work.
Provided that in respect of 36.2.2 and 36.2.3 hereof where it is reasonable and practicable the meal break shall be arranged to be in balance with the ordinary hours of work.
36.3 If the meal break not be so allowed, all time worked after the commencement time of the regular meal break until a break without pay for a meal time is allowed, shall be paid for at the rate of ordinary time, the payment to be in addition to any payment due in respect of a weekly or casual wage.
36.4 Crib break during overtime
36.4.1 Where an employee is required to work overtime for two hours or more after working ordinary hours he/she shall be allowed a crib break of twenty minutes before commencing overtime work and thereafter, upon completing each four hour period until the overtime work is finished and such crib breaks shall be paid for at the ordinary rate.
36.4.2 An employer and employee may 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 twenty minutes.
36.5 Meal allowance
[36.5.1 varied by PR919667 PR934636 PR948870 (PR958890 cancelled and replaced by PR959598 ppc 13Jul05); varied by PR959598 PR975633 PR979342; PR983969 ppc 08Oct08]
36.5.1 An employee required to work overtime for two hours or more shall either be supplied with a meal by the employer or paid $12.57 for each meal required to be taken.
[36.5.2 varied by PR919667 PR934636 PR948870 (PR958890 cancelled and replaced by PR959598 ppc 13Jul05); varied by PR959598 PR975633 PR979342; PR983969 ppc 08Oct08]
36.5.2 An employee required to commence work two hours or more prior to his/her normal starting time shall be paid a meal allowance of $12.57.
36.6 Notwithstanding anything contained in this clause an employee shall not be required or permitted to work longer than 5.5 hours without a break for a meal.
