Are employers required to provide breaks?

Yes, most Modern Awards and enterprise agreements require employers to provide meal breaks and rest breaks. The specific requirements (timing, duration, paid/unpaid) vary by award. Failing to provide required breaks can result in underpayment claims and penalties.

What's the difference between paid and unpaid breaks?

Unpaid breaks (usually meal breaks of 30+ minutes) are not counted as work time - the employee is free from duties and can leave the premises. Paid breaks (usually short rest breaks of 10-15 minutes) count as work time and are included in hours worked.

When must breaks be taken during a shift?

Most awards require a meal break after 5 hours of continuous work, usually to be taken between hours 4-6 of the shift. Rest breaks are typically provided once per 4 hours worked. Check your specific award for exact requirements.

Do casual employees get breaks?

Yes. Break entitlements apply to all employees covered by an award, including casuals. The same rules about meal breaks and rest breaks apply regardless of employment type.

What happens if an employee doesn't get their break?

If a required break isn't provided, some awards require the employer to pay a penalty (e.g., the break time at overtime rates). The break should still be offered as soon as practicable. Repeated failure to provide breaks can lead to Fair Work investigation.

Can employees agree to skip breaks?

Some awards allow employees to request to skip or shorten a break by agreement, particularly for shorter shifts. However, this should be a genuine choice, documented, and not pressured by the employer. Some awards don't permit this at all.

Can I require employees to stay on premises during breaks?

For unpaid breaks, employees should generally be free to leave. If you require them to stay and be available, the break may need to be paid (a "crib" break). Check your award for specific rules about on-call or available breaks.

How long must I keep break records?

Fair Work requires employers to keep employee records for 7 years, including hours worked and breaks taken. Use time tracking systems that record break times for compliance evidence.

How do I handle breaks during busy periods?

Plan ahead: stagger breaks so not everyone is away at once, use relief staff during peak times, and set break windows rather than fixed times. If a break must be delayed, provide it as soon as the rush subsides and document the reason.

What about employees who work short shifts?

Break requirements typically apply based on shift length. For example, a 4-hour shift may only require one rest break, while a 6-hour shift requires a meal break. Check your award for the minimum shift length that triggers each break type.

How should I handle breaks for remote workers?

Remote workers have the same break entitlements. Ensure they understand break requirements, encourage them to take breaks, and use time tracking that records their break times. Trust employees to manage breaks appropriately.

What if work requires continuous monitoring?

Some awards provide for "crib breaks" - paid breaks where the employee remains available but is relieved of active duties. This is common in security, healthcare, and manufacturing. Check if your award has specific provisions.

HOW-TO GUIDE

How to schedule breaks compliantly

A complete guide to scheduling employee breaks in line with Australian Modern Award requirements. Learn the rules, plan breaks effectively, and avoid compliance issues.

8 min read • Updated January 2025

Written by

Georgia Morgan

General information only – not legal advice

This guide provides general information about scheduling employee breaks in compliance with Australian Modern Awards. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.

HR Hub disclaimer • Modern Awards • Fair Work

Why break compliance matters

Breaks aren't just nice to have – they're a legal requirement under most Australian Modern Awards. Failing to provide required breaks can result in underpayment claims, penalty payments, and Fair Work investigations.

Beyond compliance, proper breaks reduce fatigue, improve safety, and boost productivity. Employees who take regular breaks make fewer errors and are more engaged. Good break practices are good business.

BREAK TYPES

Types of breaks

Meal break (unpaid)

Typically 30-60 minutes

Longer break for meals, usually unpaid. Employee is free to leave the workplace.

Rest break (paid)

Typically 10-15 minutes

Short paid break for rest and refreshment. Usually taken on premises.

Crib break (paid)

Typically 20-30 minutes

Paid meal break for shift workers who can't leave the workplace or must remain available.

STEP-BY-STEP

6 steps to compliant break scheduling

Follow this process to ensure compliant break scheduling across your workforce.

Identify the applicable award break requirements

Different awards have different rules about when breaks must be taken and how long they must be.

Tips:

Check your award for meal break timing (usually after 4-5 hours)
Identify paid vs unpaid break requirements
Note any rest break entitlements (short paid breaks)
Consider industry-specific rules (e.g., transport, healthcare)

Plan break times into your roster

Build breaks into rosters at the planning stage, not as an afterthought.

Tips:

Schedule breaks during each shift based on shift length
Stagger breaks to maintain operational coverage
Consider busy periods when planning break windows
Allow flexibility where possible for employee preference

Communicate break expectations clearly

Ensure employees know when they should take breaks and the rules around them.

Tips:

Include break times on published rosters
Train managers on break requirements
Display break policies in staff areas
Remind employees to take their breaks

Track break compliance

Monitor that breaks are actually being taken as required.

Tips:

Use time tracking to record break start/end times
Review timesheets for missed or short breaks
Address patterns of skipped breaks promptly
Document any agreed variations to break timing

Handle break exceptions appropriately

Know what to do when breaks can't be taken at the scheduled time.

Tips:

Some awards allow breaks to be delayed by agreement
If a break is missed, offer it as soon as practicable
Pay penalties if required when breaks aren't provided
Document the reason for any break variations

Review and adjust regularly

Continuously improve your break scheduling based on operational experience.

Tips:

Review break compliance reports regularly
Get feedback from employees on break scheduling
Adjust roster patterns if breaks are routinely missed
Update practices when awards change

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BY AWARD

Break requirements by award

Common break rules for popular Modern Awards. Always check your specific award for full details.

Award	Meal break	Rest break	Notes
Hospitality Industry (General) Award	30-60 minutes unpaid after 5 hours	10 minutes paid per 4 hours	Break can be taken between hours 4-6 of the shift
General Retail Industry Award	30-60 minutes unpaid after 5 hours	10 minutes paid per 4 hours	One 10-minute break for shifts 4+ hours
Fast Food Industry Award	30 minutes unpaid after 5 hours	10 minutes paid per 4 hours	Break must commence by hour 6
SCHADS Award	30 minutes unpaid after 5 hours	10 minutes paid morning and afternoon	24-hour care has specific overnight break rules
Clerks - Private Sector Award	30-60 minutes unpaid after 5 hours	10 minutes paid morning and afternoon	Break between hours 4-6 of shift

Break requirements vary by award. View all award guides for specific details.

AVOID THESE

Common break scheduling mistakes

Avoid these pitfalls that lead to compliance issues and underpayment claims.

Not scheduling breaks in rosters

Impact: Breaks get forgotten during busy periods, leading to compliance issues

Solution: Build break windows into every shift at the rostering stage

Allowing employees to skip breaks

Impact: Even voluntary skipping can become a compliance and fatigue issue

Solution: Require breaks to be taken; document any genuine exceptions

Not tracking breaks in timesheets

Impact: No evidence breaks were provided if challenged; inaccurate pay

Solution: Use time tracking that records break start and end times

Applying one rule to all employees

Impact: Different awards have different break requirements

Solution: Check the specific award for each role and apply correct rules

Interrupting break time for work

Impact: Break doesn't count if employee performs work during it

Solution: Ensure employees are completely relieved of duties during breaks

FAQ

Frequently asked questions

Yes, most Modern Awards and enterprise agreements require employers to provide meal breaks and rest breaks. The specific requirements (timing, duration, paid/unpaid) vary by award. Failing to provide required breaks can result in underpayment claims and penalties.
Unpaid breaks (usually meal breaks of 30+ minutes) are not counted as work time - the employee is free from duties and can leave the premises. Paid breaks (usually short rest breaks of 10-15 minutes) count as work time and are included in hours worked.
Most awards require a meal break after 5 hours of continuous work, usually to be taken between hours 4-6 of the shift. Rest breaks are typically provided once per 4 hours worked. Check your specific award for exact requirements.
Yes. Break entitlements apply to all employees covered by an award, including casuals. The same rules about meal breaks and rest breaks apply regardless of employment type.