Having Breaks Within Your Shift

[Miss87]

Hi, just been pondering whether the amount of breaks (or lack of) we receive in my workplace and the time worked between breaks is legal according to the award..

We work over the span of 9 hours with a one hour lunch break only that is technically a half an hour lunch break with 2 15 minute paid breaks taken at once.

More often as not as well, we are expected to work over 5 hours strait (which is the maximum) at either end of our break due to the way they structure staff lunchtimes. Often someone that starts later than you will go before you..

Last week I was asked to work from 8am until 2pm without a break.

I have tried to calmly ask about this a few times as have others and generally we are made to feel as though we are 'difficult' or unreasonable if we don't want to comply.

[Angellhart]

We got 2 15 minutes plus an hour lunch. All these are set out in the staff handbook and we are allowed to ask to reduce our lunch to 30 mins, but cant work for longer then 5 hours without a break. so I guess 30 mins lunch and 2 15 minute breaks are ok, just not the way they are giving it to you though. If your unpaid breaks were in the morning and afternoon it would be ok. So that really sucks! Have you asked to take those at morning and afternoon tea?

[dulciean]

ummm..at my work we have a 45 minute paid break/ in an 8 hour shift. but it's not for profit.

[babayaga]

30 minutes whenever they remember to include me! As a newcomer I have learned to speak up and remind staff that I too need a break.
Somedays I may start at 8:30 and not get lunch til 2;00.. If this sort of delay occurs, I excuse myself for a toilet break and take a moment to freshen up and try to relax for a moment.

[Cindy Nguyen]

Hi guys,

The information below is from the Children's Service's Award 2010, and will apply to you if your contract states that you will be covered under this and not something else.

22. Breaks
22.1 Meal breaks
(a) An employee will not be required to work in excess of five hours without an
unpaid meal break of not less than 30 minutes and not more than one hour.
Provided that employees who are engaged for not more than six hours
continuously per shift may elect to forego a meal break.
(b) A meal break must be uninterrupted. Where there is an interruption to the meal
break and this is occasioned by the employer, overtime will be paid until an
uninterrupted break is taken. The minimum overtime payment will be as for
15 minutes with any time in excess of 15 minutes being paid in minimum
blocks of 15 minutes.
(c) Notwithstanding clause 22.1(a), where an employee is required to remain on
the employer’s premises, the employee will be entitled to a paid meal break of
not less than 20 minutes or more than 30 minutes. By agreement with the
employer an employee may leave the premises during the meal break,
however, such time away from the premises will not be counted as time
worked and nor will any payment be made for such time.
22.2 Rest pauses
(a) An employee working four hours or more on any engagement will be entitled
to a paid rest period of 10 minutes.
(b) Provided that an employee working for seven hours or more will be entitled to
two such paid rest periods of 10 minutes each unless the employee agrees to
forego one of these rest periods.
(c) All rest periods must be uninterrupted.

You can find this on page 24 of the award.

Also keep in mind that sometimes staff do forget to send you on your breaks, so just voice yourself and ask for one. Maybe bring it up with your manager, especially when carers who have done a later shift go before those who have done an earlier shift.

Hope this has helped.

[Bella007]

Hey everyone,

If we do a 7 hour shift onwards, we will get an unpaid one hour lunch break. We can take two paid ten minute breaks as well during the day, but generally no one takes them as we don't have staff that can cover us in our rooms or out in the playground, so we cant take them basically because it would put us out of ratio. But the one hour lunch break really helps to give us a good rest from the children.

Cheers,
Bella007

[Miss87]

Hi guys,
Also keep in mind that sometimes staff do forget to send you on your breaks, so just voice yourself and ask for one. Maybe bring it up with your manager, especially when carers who have done a later shift go before those who have done an earlier shift.

Hope this has helped.

Thanks for clarifying the award, they are simply choosing to not follow it too accurately it seems. Unfortunately it is not a matter of forgetting to send people on breaks, they are pre-planned and the times are written out for everybody to see. The issue seems to be poor structuring of the times people are sent and the unnecessary reasoning behind some of these decisions..

[jcox20]

Sorry to bring this back up but I was wondering this as well. If I'm working 7-3 I usually have a 10 min break at 10.30 and the a lunch break at 12 or sometimes later.
I've been wondering if this is allowed since I'm working over 5 hours with no break.

[Lorina]

According to Fair Work Australia:

An employee gets the following number of breaks depending on the hours they actually work (not their rostered hours). A rest break is a 10 minute paid break that counts as time worked. A meal break is an uninterrupted 30 - 60 minute unpaid break that doesn't count as time worked.

Number Of Hours Worked - Less than 4 - Rest Breaks - 0 - Meal Breaks - 0

Number Of Hours Worked - 4 to 5 hours - Rest Breaks - 1 - Meal Breaks - 0

Number Of Hours Worked - 5 to 6 hours - Rest Breaks - 1 - Meal Breaks - 1

Number Of Hours Worked - 6 to 7 hours - Rest Breaks - 1 - Meal Breaks - 1

Number Of Hours Worked - Over 7 hours - Rest Breaks - 2 - Meal Breaks - 1

Ref: Breaks

Hope this helps,

,
Lorina

[pris18]

Hi Lorina,

I'm interesting with your information. I have question to clear my understanding. This is my new job in Sydney. Actually I am from another country and i was a teacher with different rate time and break time. i work almost 1 year in this centre.
Sometimes I work 10 hours and my break time 40 minutes. From your information it's mean i need another 10 minutes for break? Is that correct?

Thank you
Dewi

[Lorina]

Hi Dewi,

Yes if you are working 10 Hours you are required to have 2 breaks including your meal break... So, you could have a 10 minute break in the morning and another 10 minute break in the afternoon...

,
Lorina