Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards – Pastoral Award 2010
(AM2014/239)

4 yearly review of modern awards – Pastoral Industry Award 2010 – meal breaks.

[1] In a decision on 29 January 2020 1 the we resolved an ambiguity arising in the Pastoral Industry Award 2010 as follows:

‘[24] … there is an ambiguity in clause 17.2(c)(ii) regarding the time at which an employee working overtime is entitled to a ‘second meal break’ (and consequently a further meal allowance). As submitted by the NFF, the terms of the current award are premised on the notion that an employee is entitled to a meal break for each 5 hour period of work. Further, as the NFF submits, clause 17.2(c)(ii) provides that a meal allowance is payable where an employee works more than two hours of overtime but the clause is silent as to whether a meal break should be provided at that time. However, consistent with the NFF’s contention that the current award is premised on the provision of a meal break after each 5 hour period it would follow that a meal break is to be provided when the entitlement to the first meal allowance crystallises, that is after two hours overtime.

[25] Similarly, and contrary to the AWU’s submission, the entitlement to a second meal break (and the consequent meal allowance payment) arises 5 hours after the first meal break (that is after 7 hours of overtime). We will publish a draft variation determination giving effect to our decision in due course.’ (footnotes omitted).

[2] A draft variation determination giving effect to our decision is set out at Attachment A.

[3] Interested parties are invited to comment on the draft determination set out at Attachment A. Submissions are to be sent to amod@fwc.gov.au by 4:00pm 28 February 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR716744>

Attachment A – draft variation determination

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/239)

PASTORAL AWARD 2010
[MA000035]

4 yearly review of modern awards – Pastoral Award 2010 – modern award varied.

A. Further to the Decision [[2020] FWCFB 384] and Statement [[2020] FWCFB 801] issued by the Full Bench of the Fair Work Commission on 29 January 2020 and 18 February 2020, the Pastoral Award 2010 is varied as follows:

1. By deleting clause 17.2(c) and inserting the following:

(c) Overtime meal allowance

(i) An employee required to work overtime for more than 1.5 hours after working ordinary hours will be supplied with a suitable meal free of cost by the employer or paid $13.76 for the first and any subsequent meals.

(ii) An employee required to work overtime for more than 2 hours after the employee's ordinary finishing time without having been notified before leaving work on the previous day that they will be required to work overtime:

(A) will be allowed a meal break not later than 2 hours after commencing overtime;

(B) will be allowed a meal break every 5 hours after the first meal break, for as long as the overtime continues; and

(C) will be provided with a suitable meal free of cost by the employer for each meal break or paid a meal allowance of $13.76 for each meal not supplied.

B. This determination comes into operation from [XX MONTH YEAR]. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after [XX MONTH YEAR].

PRESIDENT

 1   [2020] FWCFB 384.