Not Getting The Minimum Required Morning/Afternoon Break at Work

PAOK11 on 27/10/2018 - 21:29
Last edited 28/10/2018 - 10:48 by 1 other user

Is there anyway I can force my employer to provide me with the minimum requirements under Fairwork in Vic or should I just be grateful I have a job?
We don't get the two ten minute breaks that are required by law ?

Some modern awards provide for a morning and/or afternoon paid rest period, one which is regarded as being part of an employee’s ordinary hours of work.
Example
The Clerks — Private Sector Award 2010 provides that an employee must be allowed two 10-minute rest intervals to be counted as time worked on each day the employee is required to work not less than eight ordinary hours. The rest break is to be taken at a time suitable to the employer taking into account the needs of the business. An employee who works between 3 and 8 hours on a day is entitled to one ten-minute paid rest break.

I work in customer service in an office am I entitled to the above and if so how do I go about my work to implement the requirement.

Thanks.

Education & Work

Comments

  • hawkeye on 27/10/2018 - 21:39

    the employee is required to work not less than eight ordinary hours
    An employee who works between 3 and 8 hours on a day is entitled to one ten-minute paid rest break

    Is that why they invented the 38 week

  • serpserpserp on 27/10/2018 - 21:40

    Do they chain you to your desk? What happens when you get up and take a 10 minute break? Go to the toilet?

    • AlienC on 28/10/2018 - 00:50
      +2

      Normally you get fired I feel like this might have contributed to my last job/firing.

      • starspawn on 31/10/2018 - 14:56

        Fired for taking a 10min break? WTF

        • AlienC on 01/11/2018 - 03:23
          +1

          Multiple 10 min breaks so more than a single 10 min break.

  • JimmyF on 27/10/2018 - 21:40

    We don't get the two ten minute breaks that are required by law ?

    Are you chained to the desk? Are you not allowed to make a coffee at will or have a toilet break?

    If the answer isn't yes, then you're already getting the breaks you so request.

    • [Deactivated] on 27/10/2018 - 21:48
      +3

      Harsh. Going to the toilet isn't the same as having a break.

      If employers don't like that, they shouldn't hire humans or any living being to work for them.

      • JimmyF on 27/10/2018 - 22:03
        +1

        Harsh? Tell that to Amazon factory workers who don't get toilet breaks at will…….

        Anyhow the point was, most peoples jobs don't have a fixed 10 min 'break', they are allowed to wonder off and get a tea/coffee at will, have a chat in the office on the way back to the desk and yes heck even a harsh toliet break at will as you put it ;)

        • [Deactivated] on 27/10/2018 - 22:19
          +1

          OP appears to be under the microscope so let's not jump to conclusions about how easy their life is.

          Thankfully Australians don't put up with slavery like the American do.

          • JimmyF on 27/10/2018 - 22:46

            @[Deactivated]: No OP feels they are the microscope, there is nothing been presented to verify this.

            • [Deactivated] on 28/10/2018 - 01:15
              +1

              @JimmyF: That doesn't even make sense.

              Stop huffing that lemon pledge.

  • whooah1979 on 27/10/2018 - 21:44
    +5

    Join a union, pay the fee and let them fight for your rights.

  • hawkeye on 27/10/2018 - 21:46
    +1

    ^ human relations officers are offended Take note

  • PAOK11 on 27/10/2018 - 21:58
    +1

    In response to serp and JimmyF, i'm not chained to my desk but I am monitored closely. It's hard to explain and I have not experienced it at other companies. Not having the green light for the ten minute break opposed to the option of having a break whenever you "need" makes a big difference. You never know what is acceptable and what isn't until you get in trouble

    • JimmyF on 27/10/2018 - 22:06
      +4

      Other than my lunch break, I haven't had a defined 10 min break in the last 15+ years of working. Working in an office, you're allowed to have a drink break at will, wonder around the office to stretch your legs.

      You never know what is acceptable and what isn't until you get in trouble

      Take you're break and see what happens.

      • PAOK11 on 27/10/2018 - 22:13

        Out of interest how long is your lunch break ?

      • [Deactivated] on 27/10/2018 - 22:20

        At YOUR office, sure.

        Not all offices are like this. Sure they might be far and few between but there any many places that are run tighter than the Nazi work camps.

        • JimmyF on 27/10/2018 - 22:35
          +1

          I've worked in many offices, they have all been the same. Might be just yours and the OP offices that are crap!

          • [Deactivated] on 28/10/2018 - 01:16

            @JimmyF: I don't really work in any given office…

            We have about 9 offices around the world and I bounce between them every couple of weeks.
            I'm probably the least shackled out of anyone here in that regard.

            • JimmyF on 28/10/2018 - 09:06
              +4

              @[Deactivated]:

              I don't really work in any given office…

              and yet here you are giving your views on office breaks…..

              • [Deactivated] on 28/10/2018 - 10:10
                -1

                @JimmyF: Learn to read Consuela and pay off the lemon pledge, it's not good for you

      • deelaroo on 27/10/2018 - 22:32
        +5

        Yeah think OP is just getting stuck on "having to have a 10 minute break".

        In my employee contract it is like a 1 hour lunch and two 15 minute breaks. I'm entitled to it I guess, but I've never just gone and sat for 15 minutes on a "break" and never seen anyone do that. I've worked three other places the same situation, was in contract but never saw anyone do that. Maybe if you were working in like a factory you'd want that break, but in an office you kinda have smaller down times through the day. Go grab a coffee and have a chat with co worker for 5 mins, check Facebook on your phone a couple minutes etc. All luxuries a blue collar worker doesn't have, hence why they'd care about a break/smoko.

        • John Kimble on 28/10/2018 - 08:58
          +2

          but in an office you kinda have smaller down times through the day. Go grab a coffee and have a chat with co worker for 5 mins, check Facebook on your phone a couple minutes etc.are always on OZB anyway, so it doesn't matter

          FIFY

          • deelaroo on 28/10/2018 - 09:54
            +1

            @John Kimble: Multiple monitors mate I can do work AND keep track of bargains.

    • Quantumcat on 28/10/2018 - 07:19
      +1

      I know how you feel, it was the same for me in my second to last job. I had to arrive at a precise time (any earlier was not counted), leave at a precise time (if I was working on something too bad), and have my lunch at a precise time. I couldn't go to the toilet, I would have to wait until both bosses weren't at their desks so they wouldn't see me leave. It really sucked and I think they only did it to try to get me to leave. Just stick it out and be pleasant, it isn't forever, only until you find a new job (which will be easier if you are pleasant and can get a good reference). Don't try and force your way to a paid break as that could be the tipping point to get you fired.

      • Imitation on 28/10/2018 - 12:37
        +1

        "Hey boss I'm going to the toilet."

        "No!"

        "Ok :)"

        Walks back to desk
        Unzips pants
        Takes massive dump on the floor
        Crunches up important work document and wipes arse
        Pulls up pants, gets back to work

        Yeah nah I wouldn't have the guts to do that either.

  • mysterytal on 27/10/2018 - 22:04

    A person taking a rest break can be asked by their employer to take it at their desk.

    There is nothing in law saying you can leave your desk/workplace during your paid rest break.

    You can only expect to be able to go outside for a meal/cigarette etc during your unpaid rest break.

    • hawkeye on 27/10/2018 - 22:31

      So that explains why public hospitals are stiching patients backup with surgical equipment and 1/2 a hamburger inside them.

  • deelaroo on 27/10/2018 - 22:22

    You've quoted an award. Are you on that award or on a employee contract?

    • PAOK11 on 27/10/2018 - 22:31

      I think you've hit the nail on the head. I was on a award wage until I changed jobs. I now have a employment contract

      • deelaroo on 27/10/2018 - 22:33

        Yep you maybe clicked then but it is whatever is in your contract.

        See above though, if in an office I don't really see a need for taking a set 10 minute break.

        • PAOK11 on 27/10/2018 - 22:37
          +1

          So technically, I'm not entitled to a ten minute break?? It should have been negotiated in my contract. I will know this for next time.

          • mysterytal on 27/10/2018 - 22:45
            +3

            @PAOK11: You are but it just means a rest from what you're doing. Stand up walk around the office get a cup of coffee sit back down again. That's your rest. You can time it if you wish but most office workers would have multiple opportunity for rest breaks so it's not monitored.

      • Aureliia on 28/10/2018 - 11:01
        +1

        Even if you are paid over Award wage it doesn't mean you don't have entitlements. I think what the question was or should have been, are on on an Award or is there an Enterprise Agreement?

        You've said you work in customer service in an office, but in what industry? For example someone that works in customer service in the finance industry are covered by the Banking, Finance and Insurance Award not The Clerks Award.

        It sounds to me like you might be in an environment that uses a MOS to track your utilisation rates, if so, is there the option to input periods of being away from your desk? e.g. bathroom break, tea/coffee break? It's likely you are taking a rest break without realising.

        • PAOK11 on 28/10/2018 - 11:15

          I have worked in a company with MOS. In my current job im micromanaged and I literally have to keep asking my boss for my entitlements which I find unnecessary. Coffee/toilet breaks aside, what if I have a personal matter. Its literally impossible, Im forced to eat my lunch quickly so I have time to squeeze in a personal phone call during my 30 minutes.

          • whooah1979 on 28/10/2018 - 11:45

            @PAOK11: Your work environment sounds terrible. Better start working on your cv for a fresh start in 2019.

          • wordplay on 28/10/2018 - 13:25
            +1

            @PAOK11: don't most jobs make you make personal calls during your break times rather than while you are meant to be working?

            • John Kimble on 28/10/2018 - 13:30

              @wordplay: They should, the number of personal calls I overhear is so annoying. Go to a meeting room/break room etc!

            • PAOK11 on 28/10/2018 - 21:45

              @wordplay: What i mean is I dont have a break to make that personal call. So its lunch break or after hours

              • HighAndDry on 29/10/2018 - 10:42

                @PAOK11: So make your personal calls on your lunch break? No one's forcing you to make any personal calls. Arrange your own time, you're an adult now.

                • PAOK11 on 29/10/2018 - 13:53
                  +1

                  @HighAndDry: Yes Mr executive. Your wish is my command.

                  • HighAndDry on 29/10/2018 - 13:55
                    +1

                    @PAOK11: Good man. Now quit wasting time on internet bargain sites and get back to work!

  • hawkeye on 27/10/2018 - 23:31

    Look at the contract and take more coffee breaks
    https://www.youtube.com/watch?v=12jwC65KD70

  • burtie on 28/10/2018 - 07:12

    I am in Qld so it might be different but my last job in the private sector had no ten minute breaks at all. In my current position in the public sector I was advised upon starting that a ten minute morning break was a "privilege" rather than a right. Having said that, it's completely fine for me to take it when the opportunity occasionally presents itself.

  • HeWhoKnows on 28/10/2018 - 14:40

    If you dont get the tea break you leave work early instead.
    Or make sure your employer is paying you for the extra time worked.
    You dont get paid for Lunch and tea breaks so if you dont take them make sure you either leave ealy or do get paid.
    But discuss with your employer first.

  • Hardlyworkin on 28/10/2018 - 18:02
    +2

    Have you posed the question to them or pointed out your concerns surrounding not being provided with a tea break? There are various ways to bring this up, on option could be; Boss, I notice we don't get tea breaks which I understand are a requirement under the award. This was the same thing at our last company I worked until they started getting lots of OH&S claims, it cost the company thousands… People sitting at their desks for a long time we know is not a good thing.

    If you are covered by the Clerk's Award then the section on breaks applies to you. Having an employee contract doesn't change this. Breaks don't fall under the flexibility clause so a contract can't take away this minimum entitlement. The one exception is if you you are a high income earner (currently 142k year) and have agreed to forgo the award.

    A company with any brains would understand the benefit in allowing a break, a good one would encourage it.

    To answer your question, no you can't force your employer though you can apply pressure- Asking them for it and speaking with your colleagues about it. It depends how far you want to push the envelope with them though if nobody stands up don't expect things to change on their own. From what you have said in your comments, it doesn't sound like an ideal place to work.

  • ozbjunkie on 29/10/2018 - 02:37

    Just do 2 minutes of stretching every hour.

    Say it's preventative, ohs will agree with you.

  • starspawn on 31/10/2018 - 15:07

    Have the chat with your manager or if you don't feel comfortable talk with your HR team contact.

    You are entitled to breaks throughout the day!

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