Based on what you've told us, it looks like you're covered by the Restaurant Industry Award 2010 [MA000119].
A meal break is a 30 minute unpaid break that doesn’t count as time worked. Employees may also be entitled to an additional paid meal break of 20 minutes.
An employee gets the following number of breaks, depending on the hours they actually work (not their rostered hours).
|Number of hours worked
||Paid 20 minute meal breaks
||Unpaid meal breaks
|Less than 5 hours
|5 or more hours - 10 hours
|Over 10 hours
(only full-time and
An employee who works for 5 or more hours must get at least 1 unpaid meal break.
Check the Restaurant Award for information about extra or longer breaks in certain situations.
If an employee takes a break of more than 60 minutes this is considered as a broken work day. The employee will get a split shift allowance. For allowances in this award, go to Penalty rates and allowances.
Employees can’t be asked to:
- take their unpaid break within 1 hour of starting work or later than 6 hours after starting
- work more than 5 hours without an unpaid meal break
- work more than 5 hours after a meal break without an extra paid 20 minute break.
If the meal break is scheduled more than 5 hours after starting, they have to get a paid 20 minute break as well within 2 hours of starting work.
When a meal break isn't given
If an employee doesn’t get their meal break when they are supposed to they have to be paid time and a half from the time the break was supposed to start until they get a meal break.
If no meal break was scheduled for the employee then they have to be paid time and half after 6 hours of work until they are given a break or their shift ends.
Breaks between shifts
Employees (other than casuals) have to get a minimum break of 10 hours between finishing work on one day and starting work the next day.
An employer can reduce the break to 8 hours when there is a changeover of rosters.
Breaks between shifts after working overtime
Employees who work overtime have to get a minimum break of 8 hours between finishing work on one day and starting work the next day.
When employees working overtime don’t get an 8 hour break between shifts then they get paid the relevant overtime pay rate for the hours they work, until they are released from duty to have an 8 hour break.
When employees working overtime get an 8 hour break between shifts but start work later than their normal shift the next day so they get a break they get paid:
- for all the hours they work
- the ordinary pay rate for the hours between when they were originally rostered to start work and when they actually started work.
Example: When employees have to start later to get a break between shifts
Alice is a full-time employee who works ordinary hours:
- 12pm – 8pm on Monday – Thursday
- 6am – 2pm on Friday.
She is entitled to a 8 hour break between shifts normally.
Alice’s employer asks her to work overtime on Thursday so that she finishes at 12 midnight. If she starts work on Friday at her normal time of 6am she will only get 6 hours break.
If Alice starts work at 8am on Friday so she can have her break, then she will be paid the ordinary pay rate for the hours she:
- didn’t work from 6am – 8am (because this hour is part of her ordinary hours)
- worked from 8am – 2pm.
Restaurant Industry Award resources
We’ve made it easier for you to find information about your pay and entitlements under the Restaurant Industry Award. For more tailored information about your Award, visit our interactive tool.
We've got new and improved templates to help people in the Restaurant Industry. Try our interactive template tools.
To find out more about who this award applies to, go to the Restaurant Award summary.
Source reference: Restaurant Industry Award 2010 [MA000119] clauses 31.5, 32 and 33.4