DETERMINATION

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

4 yearly review of modern awards
(AM2018/10)

GAS INDUSTRY AWARD 2010
[MA000061]

4 yearly review of modern awards – Gas Industry Award 2010 – substantive issue – meal break.

A. Further to the Full Bench decision [[2020] FWCFB 1602] issued on 27 March 2020, the Gas Industry Award 2020 is varied as follows:

1. By deleting clause 14.1 and inserting the following:

14.1 Meal breaks

(a) A meal break of at least 30 minutes must be allowed to employees within 5 hours of the start of their shift.

(b) Employees required to work for more than 5 hours without a meal break as provided for in clause 14.1(a) must, for all time worked in excess of the 5 hours before being allowed a meal break, be paid:

(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and

(ii) 100% of the minimum hourly rate in clause 15.1 for their classification.

(c) Employees required to continue work during their meal break provided for in clause 14.1(a) must, for all time worked from the beginning of the scheduled meal break until the full meal break is given, be paid:

(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and

(ii) 50% of the minimum hourly rate in clause 15.1 for their classification.

(d) Employees required to resume work during their meal break provided for in clause 14.1(a) must, for all time worked from resuming work until the full meal break is given, be paid:

(i) the hourly rate applying to the employee immediately before the meal break provided for in clause 14.1(a); and

(ii) 50% of the minimum hourly rate in clause 15.1 for their classification.

2. By updating the cross-references accordingly.

B. This determination comes into operation from 4 May 2020. 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 4 May 2020.

DEPUTY PRESIDENT

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