What are the rules around breaks and meal times at work?

In Plain English

The rules around breaks and meal times depend on the specific situation.

For heavy vehicle drivers, the National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007 outlines specific work and rest requirements to manage fatigue. These rules vary depending on whether the driver is a solo driver of a bus or a two-up driver and whether they are operating under standard hours, BFM (Basic Fatigue Management) hours, or AFM (Advanced Fatigue Management) hours. Generally, these regulations specify maximum work times and minimum rest times that must be observed.

For other employees, the Fair Work Information Statements indicate that modern awards often include terms about meal and rest breaks.

The Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice 2015 states that workers need reasonable access to dining facilities. For mobile, temporary, or remote workplaces, this might involve organizing rosters, providing portable dining facilities, or allowing workers to use public cafeterias.

Detailed Explanation

Heavy Vehicle Drivers

The National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007 sets out specific rules for work and rest times for heavy vehicle drivers. * Work/Rest Hours Option: A "work/rest hours option" defines the maximum work time and minimum rest time a driver must have. This includes standard hours, BFM hours, and AFM hours (s36). * Standard Hours for Solo Bus Drivers: Section 45 and the associated table define the maximum work times and minimum rest times for solo bus drivers operating under standard hours. * Standard Hours for Two-Up Drivers: Section 46 outlines similar requirements for two-up drivers operating under standard hours. * Reset Rest Break: When changing from one work/rest hours option (standard, BFM, or AFM) to another, a driver must take a reset rest break of at least 48 hours continuous rest (s53(8)).

General Employees

The Fair Work Information Statements highlight that modern awards often contain terms regarding meal and rest breaks. These awards provide additional enforceable minimum employment standards beyond the National Employment Standards (NES).

Workplace Facilities

The Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice 2015 addresses the provision of adequate facilities for workers, including eating facilities. * Dining Facilities: Workers should have access to hygienic dining facilities for eating, preparing, and storing food (s3.5). * Mobile, Temporary, or Remote Workplaces: For workers in these situations, reasonable access to dining facilities is required, which may involve various arrangements such as organized rosters or portable facilities (s3.5).