Employment Law - rest and meal breaks Since 1 April 2009, the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 (‘the Act’) has required that employers provide employees with paid rest breaks and unpaid meal breaks. Employees are entitled to: 

• One paid 10 minute rest break if their work period is between two and four hours;

• One paid 10 minute rest break and one unpaid 30 minute meal break if their work period is between four and six hours;

• Two paid 10 minute rest breaks and one unpaid 30 minute meal break if their work period is between six and eight hours;

• If a work period is more than eight hours, then the above requirements extend to cover the additional hours on the same basis.

 On 27 October 2009, the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill (‘the Bill’) was introduced into Parliament.  The Bill adds to the above entitlements by making provision for compensatory measures to be granted instead of breaks.  For example, an employee may start later, finish earlier, or take time off in lieu of missed breaks.  Furthermore, the Bill specifically contemplates more flexibility for workplaces to time rest breaks and meal breaks to suit service or production continuity. The majority of these changes will already be captured by your current employment agreement, but if you have any queries about the new ‘breaks’ entitlements, or any other area of employment law, get in contact with Roy van Panhuys, Langley Twigg’s local employment law specialist.  

Roy van Panhuys
(06) 831 0448
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