Break between Shifts & Doing Overtime

I work 7am to 3:05pm shift in manufacturing kitchens. I’ve been asked to do OT from 3:05pm to 6pm.

What is my entitled break time between 3:05pm & 6pm?

I was given a 10mins break, is this legal please?

Comments

  • +5

    What does your award say?

    • +3

      My what? It’s all cash in hand?

    • +1

      Manufacturing and Associated Industries and Occupations Award 2010 (Manufacturing Award)

      • +6

        I didn't ask what it was, I asked what does it say about breaks.

  • +1

    You're probably entitled to/required to take an unpaid meal break and maybe one paid short break, check your award like Brendanm said. Your own entitlements and requirements for breaks might be different to your coworkers if they are on a different award.

    And remember these breaks are the law. Even if you want to skip your unpaid break or skip your paid break, you can't and your boss can't ask you to. And your boss can't talk to you about work related things during your break, they are meant to wait until you're working again.

  • +2

    If you are obviously so concerned then do your own legwork to get the authoritative answer from the likes of Fair Work Australia.
    Oops, it's far easier to just sit back, tap a few keys, and expect the OZB community to do the job for you - not on in my eyes.

  • +1

    Less than 3hrs OT, what do you want, a 1hr beak and a meal allowance?

    OT is optional, either do it or don't.

  • +15

    OK ok everyone, just use ChatGTP…

    Question: I work 7am to 3:05pm shift in manufacturing kitchens. I’ve been asked to do OT from 3:05pm to 6pm. What is my entitled break time between 3:05pm & 6pm?
    Australia: Manufacturing and Associated Industries and Occupations Award 2010

    Answer: "According to the Manufacturing and Associated Industries and Occupations Award 2010, you are entitled to a rest break if you work overtime. Here's a general outline of the rules concerning breaks during overtime, but please note that this information may not be up-to-date or applicable to your specific situation. Always consult the Fair Work Ombudsman website, your employer's human resources department, or a legal professional for accurate information.

    In the Award, Clause 26.1 (b) states that:

    "An employee working overtime is entitled to a rest break of 20 minutes, without loss of pay, after each four hours of overtime worked. If the overtime worked is more than two hours but less than four hours, a rest break of 10 minutes, without loss of pay, is to be taken."

    Given that you've been asked to work overtime from 3:05 pm to 6:00 pm, which is less than 4 hours, you would generally be entitled to a 10-minute rest break without loss of pay during that period."

    That's boring, rephrase it Game of Thrones style…

    In the realm of the Australian Manufacturing Award, a worker who battles through the hours of overtime shall earn a reprieve from their toils.

    Hear me, for I speak of Clause 26.1 (b), which doth declare:

    "When an employee ventures into the realm of overtime, they shall be granted a respite of 20 minutes, with no loss of coin, after each four hours of toil. Should their labor extend beyond two hours yet fall short of four, a rest of 10 minutes shall be bestowed upon them, their wages unblemished."

    And so, as you journey from your 7 am to 3:05 pm shift, venturing forth into overtime until the hour of 6 pm, know that you are entitled to a 10-minute reprieve to rest your weary bones, with no loss of coin.

    Let it be known that I am but an artificial scribe, unable to provide counsel on the intricacies of your realm's laws. Seek the wisdom of the Fair Work Ombudsman or converse with your employer for guidance most true and up-to-date.

    • +5

      Ok that's pretty funny.

    • +2

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  • +1

    10 minutes is correct.
    Also if they gave you no warning of the overtime until the day of the overtime, you may also be entitled to tea money.

  • If you get one hour break in your shift, it's usually one 30 minute break is paid and the 2nd 30 minute break is unpaid. If you do overtime you get an extra 10-15 minute paid break if you do 2-3 hours overtime.

  • When I had a job that paid OT 3 hrs got you a 10 min break (possibly this was unofficial). 4 hrs got you a 20 min unpaid meal break with a meal allowance. We'd just work the 4hrs without a break and get home 20 mins earlier and got $22 pay as meal allowance.

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