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Travis P.
Travis P.
Geelong, VIC

Under the Restaurant Industry Award, if I don't get an unpaid 30 minute meal break, am I entitled to a penalty rate from the 6th hour until my shift finishes?
And if yes, is it still applicable if after working over my ordinary hours (38) halfway through my 4th shift (5 working days p/week) when overtime penalties come into affect?

5 years ago


Hi Travis

Thank you for your question and it’s important you get the right advice.

We are working towards engaging with HR experts to join the simplyaskit community as they have the knowledge expertise to provide the specific advice you are seeking.

At this stage, the best advice I could personally offer is to refer you to the Fair Work Australia website. This link refers to pay guides - https://www.fairwork.gov.au/pay/minimum-wages/pay-guides.

If the information isn’t helping I’d suggest giving them a call.

I hope this helps, best wishes


Dear Travis,
I met a Human Resources & Industrial Relations Specialist when I was presenting at the Small Business Association of Australia's Summit Tuesday and Wednesday this week.
His name is Leigh Bernhardt of Corporate Consulting Services and as it happens, he was using the hospitality industry as his example when he was discussing penalty rates in his presentation. His mobile is 0 4 1 2 3 9 9 1 4 5
He may be able to point you in the right direction and I will invite him on here to Simply Ask It but he's not here yet.
Good luck, I hope you get the info you're after.

Graham Doessel

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