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Modern awards and enterprise agreements contain provisions for meal and rest breaks. It is important for employers to take a proactive approach to managing these breaks, and to be aware of the entitlement their employees have to such breaks.

I’m Kate Simpson from Aitken Legal and in this video I will look at how employers can remain compliant and meet their workplace obligations in relation to meal and rest breaks.

Where breaks are not provided in accordance with the requirements of the relevant modern award or enterprise agreement, this constitutes a breach of the Award and of the Fair Work Act. At the time of recording this video, the maximum penalty for each breach is $66,600 for a company and $13,200 for an individual.

Furthermore, where an employee is not provided an unpaid meal break as required by a modern award or enterprise agreement, they may be entitled to receive penalty rates until they have taken the break.

Outside of the entitlement employees have to breaks under an industrial instrument, employers have a workplace health and safety obligation to allow employees access to toilets and drinking facilities. Access to these facilities is considered to be a ‘workplace right’ for the purposes of the Fair Work Act and cannot be restricted to paid rest breaks.

This is not to say that it is open for employees to take excessive toilet breaks as a strategy to avoid work.

To ensure that employers remain compliant with their obligations regarding breaks, we recommend you:

Review the terms contained within any applicable modern award, enterprise agreement, employment contracts or policies regarding meal and rest breaks; and

Where meal and rest breaks are provided for, ensure that employees show them on their timesheets; and

Ensure that payroll systems are set up to accurately record and calculate paid rest breaks, and uninterrupted meal breaks as required; and

If an employee is not provided a meal break, ensure that you comply with any entitlement to penalty rates that may be provided in the relevant award or enterprise agreement so as to avoid breaching the industrial instrument and the Fair Work Act and having an underpayment claim.

If you require assistance to determine break entitlements for employees of your business, contact Aitken Legal to speak with an experienced employment lawyer.

#employeebreaks #mealbreaks #fairworkcommission #fairworkact

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