Queensland Nurses Union of Employees v Australian Red Cross Society

The Queensland Nurses Union of Employees (QNUE) brought proceedings against the Australian Red Cross Society (ARCS) in the Industrial Relations Commission of Queensland. The dispute concerned the ARCS's decision to cease providing its employees with a paid meal break during their shifts, which the QNUE alleged constituted a breach of an award and an unlawful deduction of wages. The QNUE sought orders for the ARCS to reinstate the paid meal break and to repay any wages deducted.

The primary legal issue before the Commission was whether the ARCS's unilateral cessation of paid meal breaks was a breach of the relevant award, specifically the *Public Health Sector Nurses Award – State* 2004. This involved determining whether the award mandated paid meal breaks for the employees in question and, if so, whether the ARCS's actions constituted an unlawful deduction of wages under the *Industrial Relations Act 1999* (Qld).

Judge Jarrett found that the award did not explicitly mandate paid meal breaks for the employees. While the award contained provisions regarding meal breaks, it did not specify that these breaks were to be paid. Consequently, the ARCS's decision to cease paying for meal breaks did not contravene the award. Furthermore, as there was no award provision requiring paid meal breaks, the cessation of such payments did not amount to an unlawful deduction of wages under the *Industrial Relations Act 1999* (Qld). The Commission therefore dismissed the QNUE's application.