DECISION

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 Award 2010 – meal breaks – modern award varied

[1] This decision deals with the resolution of an ambiguity arising in the Pastoral Award 2010 as part of the 4 yearly review of modern awards.

[2] In a decision issued on 29 January 2020 1 we said:

‘[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).

[3] On 18 February 2020 we issued a Statement 2 and draft determination giving effect to our 29 January decision. Interested parties were invited to comment on the draft determination by 4pm on 28 February 2020.

[4] No submissions were received.

[5] A final variation determination in the same terms as the draft determination will be issued with this decision.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<MA000035  PR717661>

 1   [2020] FWCFB 384

 2   [2020] FWCFB 801