AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
19. MEAL INTERVALS AND ALLOWANCES
19.1 If, when the meal time customary in the industry arrives on any day (not Sunday or a public holiday), an employee is required to continue working, and his/her meal interval is thereby deferred, he/she shall be paid at the rate of time and a half for the first half hour of such deferment and at the rate of double time for any further time elapsing until he/she gets a meal interval of the customary duration.
Provided that if the continuance of work is reasonably necessary and could not have been avoided by any reasonable action of the employer, the employee shall be allowed time not exceeding twenty minutes before such penalty rate begins to accrue.
19.2 If on a day, not a Sunday or a holiday, an employee after working for six hours without a meal break does not then get a meal interval of the customary duration, he/she shall be paid at the rate of double time for all time elapsing from the end of the six hours until he/she gets such interval.
19.3 An employee shall not be required to work for more than four hours on a Sunday or holiday without a meal interval of at least 45 minutes.
19.3.1 An employee working overtime shall be allowed a crib time of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.
Provided that where an employee is required to work overtime on a Saturday the first prescribed crib time shall if occurring between 10.00 a.m. and 1.00 p.m. be paid for at ordinary rates.
19.3.2 Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 16 - Working hours and 17 - Shift work, shall be allowed a meal break of twenty minutes which shall be paid for at ordinary rates.
19.3.3 An employer and employee may agree to any variation of these provisions to meet the circumstances of the work in hand provided that the employer shall not be required to make payment in respect of any time allowed in excess of twenty minutes.
19.3.4 Two tea breaks of 7.5 minutes' duration on each day to be counted as time worked shall be allowed to employees other than shift workers without deduction of pay. The employer shall fix the time for the commencement of the tea break.
19.3.5 An employee required to work overtime in excess of one and a half hours after working ordinary hours shall be paid by his/her employer an amount of $10.45 to meet the cost of a meal or shall, at the option of the employer, be provided by the employer with an adequate and suitable meal.
