Can someone tell me{legally} how early Management can send you on a break/ lunchbreak?

[Lee Halstead]

Can someone tell me [legally] how early Management can send you on a break / lunchbreak. I work the early shift starting at 6:30am and sometimes on arrival I am sent on my break. I have been sent on my lunch break at 9:50am, 10am or 10:30am I feel that I should at least work two hours before my break and at least 4-5 hours before my lunch break.

[law92]

Hi

When I used to work the 6.30 am shift, they used to send me on my lunch break at 10 or 11 am, sometimes 12 pm at the latest if there was no relief person. It really just depends on numbers and ratios, unfortunately working in the child care industry you cannot dictate when you would like to have your lunch break, you just have to take it when they tell you to. Unfortunately working the early shift you have to be the first one to be sent on your lunch break, usually the rule is whoever starts first takes lunch first and so on. It also depends on when the lunch relief person starts. If they start at 10 am then this will likely be when you will have lunch, unless they do someone's programming time before relieving you for lunch. I think you have to be working for 2-3 hours then they can tell you to have lunch. If you feel that you can't cope with having your lunch so early, you could talk to the director/manager to see if you could be rostered on for a later shift. Other than that you just have to go with the flow and take it in your stride and work in with the room schedule as best you can.

[fchaudari76]

My early staff usually have MT about 9.30 and lunch at about 11.30 ...just have to work it this way otherwise I cannot get all MT & lunch breaks done in a reasonable time, esp as some staff have 1 hour lunch breaks

[nattieP82]

Hi there,

Legally- you are not able to work more than 4 and a half hours without having a break (or finishing your shift).

So- if you are having your 30 minute break at 10am (finishing at 10.30), then legally you would have to finish work for the day at 3pm.

If you start at 6.30 you must be given a break by 11am.

Being given a break when you START the shift though- that's ridiculous- unless I misunderstood what you said??

It's difficult to manage as the previous poster said, especially taking into account some people need morning tea and lunch, some only have a lunch break, some may need lunch and afternoon tea, etc. By the law is law and you cannot be given a break at the start of your shift- speak up, get the union involved if you have to!

Good luck,

[Macoola]

I didn't know you legally shouldn't have to work more than 4 and a half hours before a break. At my centre most of us do 10 hour shifts and we only get one break a day which is lunch.

Macoola

[fchaudari76]

AN120347 – Miscellaneous Workers’ - Kindergartens and Child Care Centres, &c. (State) Award

5. HOURS

(i) Ordinary Working Hours - The ordinary working hours, inclusive of crib breaks, shall not, without payment of overtime, exceed an average of thirty eight per week. Such hours shall be worked as follows:

(a) Day Workers - Between the hours of 6.30 a.m. and 6.30 p.m., Monday to Friday inclusive. The above hours shall be worked on each day in either one or two shifts provided that the total hours worked on any day shall not exceed the applicable hours provided for in clause 6 Implementation of 38 Hour Week without payment for overtime.

(b) Shift Workers - Fixed shifts of a duration provided for in Clause 6, Implementation of 38 hour week to be worked on five days of the week, Monday to Sunday inclusive.

(ii) Notification of Hours - The employer shall, by legible notice displayed at some place accessible to the employees, notify the ordinary hours of commencing and ceasing work and the ordinary times of meal or crib breaks. Such hours, once notified, shall not be changed without the payment of overtime except by seven days' clear notice to the employee, or by mutual agreement between the employer and employee to waive or shorten the notice period, or due to an emergency outside the employer’s control.

Any dispute as to the existence of an emergency will be dealt with in accordance with the dispute settling procedure of this award.

Notation: An ‘emergency’ must be given it’s ordinary meaning. It is not to be understood to comprehend routine events, such as an employee having to remain at the end of their rostered hours, when a parent fails to arrive on time to collect a child. Such work, if required will involve overtime to which the award overtime provisions will apply.

Notation: For part time employees see subclause (iii) of Clause 12, Overtime.

(iii) Rest Pauses - All employees shall be allowed a rest break of ten minutes per shift between the second and third hour from starting time and, if the work exceeds seven hours from starting time the employee shall be allowed a further rest break of ten minutes, to be taken at a time mutually convenient to the employer and the employees in the establishment concerned, subject to the provisions relating to the supervision of children under the Children and Young Persons (Care and Protection) Act 1998.

(iv) Crib Breaks - Not more than thirty minutes nor less than twenty shall be allowed to employees each day for a midday crib break between the fourth and fifth hour if such employee's shift exceeds five hours from commencement of work. Such crib breaks shall be counted as time worked.

Provided however that employee may, by agreement with the employer, leave the premises during the crib break. Where such reasonable request has been made by an employee, the employer shall give favourable consideration to any such request having regard to the provisions of the Children and Young Persons (Care and Protection) Act 1998 relating to supervision of children. Such time away from the premises shall not count as time worked nor shall any payment be made for such time. A record of unpaid lunch periods shall be kept in the Time and Wages records.

(v) Unpaid Meal breaks for those employed on or after 28 August 2000. An employer may direct an employee engaged on or after 28 August 2000 to take an unpaid meal break of up to thirty minutes between the fourth and fifth hour of the employee’s shift provided that the shift exceeds five hours and having regard to the provisions of the Children and Young Persons (Care and Protection) Act 1998 relating to supervision of children. During this unpaid time, the employee may leave the premises.

(vi) Unpaid Meal breaks for those employed prior to 28 August 2000. With the prior written agreement of the employee, an employer may direct an employee engaged prior to 28 August 2000 to take an unpaid meal break of up to thirty minutes between the fourth and fifth hour of the employee’s shift provided that the shift exceeds five hours and having regard to the provisions of the Children and Young Persons employee shall be recorded in the time and wages record. During this unpaid time, the employee may leave the premises.

(vii) Employee performing duties during meal break. If an employee is required to perform duties during and unpaid meal break, the employee shall be paid at time and one half for the time worked with a minimum payment as for fifteen minutes work. Where the employee works more than fifteen minutes, the payment shall be as for thirty minutes.