Security Services Industry Award 2020 [MA000016]
History of variations
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14. Breaks

[Varied by PR718833, PR729270, PR740691]

14.1 Clause 14 gives an employee an entitlement to meal breaks and rest breaks.

14.2 An employee who works the number of hours in any one shift specified in column 1 of Table 2—Entitlements to rest break(s) is entitled to a rest break or breaks as specified in column 2.

Table 2—Entitlements to rest break(s)

Column 1

Hours worked per shift

Column 2

Breaks

4 or more but less than 8

Paid rest break or breaks of 10 minutes in total

8 or more but less than 10

Paid rest break or breaks of 20 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

10 or more but less than 12

Paid rest break or breaks of 25 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

12 or more

Paid rest break or breaks of 30 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

14.3 An employee who works more than 5 hours in any one shift is entitled to one unpaid meal break of at least 30 minutes (unless it is operationally impracticable to have the meal break).

14.4 Breaks between work periods

(a) An employee must have a minimum break of 8 hours between finishing work on one shift of ordinary hours (including any overtime worked immediately after it) and starting work on the next shift of ordinary hours (including any overtime worked immediately before it).

(b) Clause 14.4(c) applies to an employee who starts working overtime immediately before a shift of ordinary hours without having had 8 hours off work since finishing the immediately preceding shift of ordinary hours (including any overtime worked immediately after it).

(c) Subject to clause 14.4(d), the employee must be released after completing the overtime until the employee has had a break of 8 consecutive hours without suffering any loss of pay for ordinary hours not worked during that break.

[14.4(d) varied by PR718833, PR729270, PR740691 ppc 01Jul22]

(d) If, on the instructions of the employer, the employee resumes or continues work without having had 8 hours off duty, the employer must pay the employee at the rate of 200% of the employee’s minimum hourly rate until the employee has a break of 8 consecutive hours. The employee must not suffer any loss of pay for ordinary hours not worked during the period of that break.

Example 1—Breaks after overtime (full-time employee)

Calculating pay for a break of less than 8 consecutive hours

George is a full-time Level 1 employee. He is paid the minimum hourly rate of $23.89.
George is rostered on to work from 10.00 am – 6.00 pm on Tuesday and from 7.00 am – 4.00 pm on Wednesday. On Tuesday, George is directed to work until midnight.

If George starts work at his rostered time of 7.00 am on Wednesday, he must be paid overtime at 200% of his minimum hourly rate until he gets a break of at least 8 hours from work. If he works 7.6 hours on Wednesday, he will be paid as follows:

Multiply the minimum hourly rate by the overtime rate and then that rate by the number of overtime hours worked: $23.89 x 200% = $47.78. $47.78 x 7.6 = $363.13

George would be paid a total of $363.13 for Wednesday in this case.

Calculating pay for a break of 8 or more hours


Alternatively, George may be directed by his employer to start work at 8.00 am on Wednesday (one hour later than his usual 7.00 am start) so he can receive an 8 hour break.

In this case even though George only works 6.6 hours on Wednesday, he must still be paid his minimum hourly rate for 7.6 hours: $23.89 x 7.6 = $181.56

George would be paid a total of $181.56 for Wednesday in this case.

14.5 Long breaks

(a) An employee on a roster cycle of a length specified in column 1 of Table 3—Long breaks is entitled to long breaks of continuous time off work in that roster cycle as specified in column 2:

Table 3—Long breaks

Column 1

Length of roster cycle

Column 2

Minimum number of breaks

3 weeks

3 breaks of 2 days (48 continuous hours)

4 weeks

3 breaks of 3 days (72 continuous hours); or

4 breaks of 2 days (48 continuous hours)

8 weeks

6 breaks of 3 days (72 continuous hours); or

9 breaks of 2 days (48 continuous hours)

(b) The employer must not roster an employee on a roster cycle of any length to work more than a total of 48 ordinary hours without a long break of at least 48 continuous hours.


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