Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill 2009
From the commentary for this Bill (91-2):
Recommendation
The Transport and Industrial Relations Committee has examined the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill and recommends by majority that it be passed with the amendments shown.
Introduction
This bill amends Part 6D of the Employment Relations Act 2000 by removing the legislated minimums prescribed for rest breaks and meal breaks, and replacing them with a requirement for employers to
- Either provide meal breaks and paid rest breaks, or take compensatory measures
- Encourage employers and employees to agree in good faith on rest break and meal break arrangements
- Ease the requirements regarding the timing and the number and duration of breaks, in order to make the criteria for what constitutes a break more flexible
- Provide that rest and meal breaks can be subject to restrictions in certain circumstances.
The bill provides flexibility for employers and employees to agree on compensatory measures instead of a break, such as later start or earlier finish times, or time off at an alternative time.
Employer obligations under the Health and Safety in Employment Act 1992, which require employers to provide and maintain a safe working environment, will continue to apply.
(SOURCE: CCH, retrieved 27th September 2010)

