DECISION

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

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

Agricultural industry
JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT BEAUMONT COMMISSIONER LEE	MELBOURNE, 20 MARCH 2020

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

1 [2020] FWCFB 384

2 [2020] FWCFB 801

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, the Fair Work Commission conducted a four-yearly review of the Pastoral Award 2010. The review centred on the issue of meal breaks within the pastoral industry, with the Commission determining that the existing provisions regarding meal breaks were outdated and did not reflect contemporary workplace practices. The review was initiated to ensure that the award remained relevant and fair to both employers and employees.

The legal issues before the Commission involved assessing whether the current meal break provisions in the award were adequate in light of modern workplace practices and whether any changes were necessary to better balance the interests of employers and employees. The Commission had to consider various submissions from industry stakeholders, including employer groups and employee representatives, to determine if and how the award should be amended.

The Commission found that the existing meal break provisions were insufficient to account for the dynamic nature of pastoral work, where employees often work irregular hours and in remote locations. The Commission emphasised the importance of ensuring that employees have adequate time to rest and eat during their shifts, which is critical for their health and safety. After careful consideration of the submissions and evidence presented, the Commission decided to vary the award to introduce more flexible meal break provisions, aiming to better accommodate the unique demands of the pastoral industry while ensuring employees' rights are protected.

The final orders included amendments to the meal break provisions in the Pastoral Award 2010, providing for more flexible arrangements that better reflect the realities of pastoral work. The revised award aims to balance the needs of both employers and employees, ensuring that employees have sufficient time for meal breaks while also considering the operational requirements of pastoral employers.

4 yearly review of modern awards – Pastoral Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established