YOUR RIGHTS
Your Breaks
Your Breaks are your right. Make sure you get them.
Breaks are not option extras and cannot be withdrawn by your manager.
Make sure you always get – and always take; your break.
If you experience any problems in regard to breaks and you can’t resolve the matter with your immediate manager, involve the SDA. Talk to your workplace Delegate, Organiser or phone the SDA Information Centre on 131 SDA (that’s 131 732).
We all need breaks while we’re at work. Our jobs are busy and demanding – there’s always so much to do. Sometimes it feels as though we’re doing the work of two or even three people.
Every SDA-negotiated Agreement and Award contains specific provisions that make sure employees get their breaks. These can include:
1. Paid tea breaks or rest breaks
Usually when you work at least 4 hours or longer, sometimes, you are entitled to a second paid tea break depending on how long your shift is.
2. Unpaid meal breaks
Usually between 30-60 minutes long and are included in your roster if you work a certain amount of hours per shift
3. Paid crib breaks
Crib breaks are meal breaks that some employees who work a night shift might be entitled to.
Why Have Breaks?
It seems a silly question, but the fact of the matter is that we are humans, not robots. Our bodies need breaks so we can replenish fluids, eat, and have a chance to relax from the pressures and routines of what we are doing.
This, in turn, helps our concentration on the job – which means we are less likely to make mistakes or have accidents.
It is for these very reasons that the SDA has incorporated into our Agreements and Awards specific provisions that guarantee our rights to breaks, be they meal breaks, rest pauses or crib breaks.
Not Optional
Breaks are not optional. Taking a paid tea or rest break does not take away your right to take a toilet or water break during our shift.
You have an absolute right to receive and take them when they fall due.
Employers may not:
- Deny employees their breaks because there are not enough staff;
- Tell employees that they have to take their breaks at the end of their shift;
- Require an employee to work through their break;
- Require an employee who has gone off on their break to come back to work; or
- Reduce the length of an employee’s break to a period less than provided for in their Enterprise Agreement or Award.
Check your Enterprise Agreement or Award
Your Enterprise Agreement or Award contains specific provisions relating to your breaks. Your employer is obliged to know what these entitlements are, and apply them to all employees. If you want to know what your break entitlements are speak to your workplace Delegate, Organiser or contact the SDA Information Centre on 131 SDA (that’s 131 732).
Involve the SDA
Breaks are enforceable, and the SDA will help any member to get their breaks.
The SDA Network – including workplace Delegates, Organisers and our SDA Information Centre – is available to make sure you get your full set of entitlements.
Make sure you always get – and always take your break.
Shop, Distributive and Allied Employees’ Association, NSW Branch
Write to PO Box K230 Haymarket NSW 1240
Phone 131 SDA (that’s 131 732)
Fax (02) 9281 7050
E-mail secretary@sdansw.asn.au
Log into sdansw.org.au
