July 2024 · Victoria, Australia
Commission rules 12-hour fatigue break applies after overtime at a cold storage warehouse
A union took a dispute to the Fair Work Commission over whether a grocery wholesaler's enterprise agreement required a 12-hour break between all periods of work, or only between shifts of ordinary hours. Workers at the cold storage warehouse worked 10-hour shifts of packing and forklift work in a chilled environment. The Commission accepted that the clause exists to give employees adequate breaks to rest and manage fatigue, and held that the 12-hour break applies after overtime as well, with overtime rates payable when the break is cut short - even when the worker agrees to a shorter break.
Case AU-warehousing-01Report an issue