Are employees entitled to paid breaks in Australia?

Breaks during long work hours are legally required to help employees rest, recharge, and return to work in optimal condition. But are these breaks paid? What are the rules, and how do they apply across different industries?

Let’s explore paid breaks in Australia so both employees and employers can understand their legal obligations and avoid potential legal disputes.

What are entitled breaks? 

Break entitlements in Australia refer to legally required periods where the employee must rest during their working day and are essential to maintaining productivity and employee well-being. 

The Fair Work Act 2009 (Cth) governs breaks and break regulations can vary depending on the type of work, industry and specific agreements in place.

Registered agreements

Another key aspect of entitled breaks is registered agreements. Registered agreements, for example, enterprise agreements, outline the employment conditions between an employer and their employees and must be approved and registered with the Fair Work Commission to be legally binding. 

Registered agreements typically cover:

• work hours and wages;
• paid and unpaid leave entitlements; and
• specific break entitlements tailored to the workplace or industry. 

Well-drafted, individual employment agreements that are clearly defined and comply with the relevant laws are also crucial.  

How many hours can you work without a break in Australia?

Typically, employees are required to work 4–5 hours before they can take a break.

Full-time employees typically work 38 hours per week, averaging 7.6 hours per day. Employers should keep this in mind when scheduling breaks between shifts, ensuring employees have adequate rest before returning the next day.

Type of breaks 

Rest breaks 

Rest breaks are short, 10 to 15-minute pauses during work hours; these are typically paid and should be taken within the first and second halves of a shift. The goal of a rest break is to allow employees to relax briefly and reset their focus. 

Meal breaks 

The meal break is an uninterrupted rest period given after working a certain number of hours that lasts between 30 to 60 minutes so that employees can eat and recharge. 

Employees who work over 6 hours without a 30-minute unpaid break can sometimes receive an extra 50% of their hourly rate until they take a break.

Crib Break 

In some industries, especially for shift workers, crib breaks are paid meal breaks taken on-site. These allow employees to eat while staying at their workstations or being ready to resume work immediately.

Breaks between shifts 

Another important entitled break is the one between shifts. In Australia, employees should generally get a minimum break of 8-10 hours between the end of one shift and the start of the next; However the amount of hours will vary depending on the industry. 

Proper compliance with the break between shifts allows employees to have adequate rest, avoid fatigue and enhance safety.  

Other entitled breaks 

Other forms of leave will depend on whether the employee is casual or permanent, these include: 

• annual leave;
• public holidays;
• personal (sick)/carer’s leave;
• long service leave;
• family and domestic violence leave;
• compassionate leave; and
• community service leave. 

Industry-specific break requirements

The regulations for entitled breaks are supervised by the Fair Work Act 2009 (Cth), the Workplace Health and Safety Act 2011 (NSW) and modern awards. For instance, the breaks required in hospitality, retail and healthcare industries differ based on the nature of the work.

It’s important to consult the relevant modern award or enterprise agreement to determine specific break entitlements for each industry.

Employer obligations and responsibilities

As an employer it is important to understand your legal obligations for break times but also workspace in accordance with the Fair Work Act 2009 (Cth) and Workplace Health and Safety Act 2011 (NSW); for example, workspaces should generally: 

• be free from any harm;
• provide employees with the right equipment to conduct work;
• communicate openly and clearly about any safety concerns;
• implement professional conduct standards; 
• have training seminars for workplace safety;
• maintain accurate records of working hours and breaks; 
• create a staff handbook;  and 
• have a complaints and investigation process. 

Other things you should consider in order to comply with health and safety laws include having:

• a first aid plan;
• an emergency plan;
• display of an “If you get injured at work” poster;
• training and instruction;
• an injury register;
• a workers compensation policy; and
• a return to work plan.

Other common questions 

Are lunch breaks paid in Australia?

Lunch breaks are usually unpaid, but by law, employers must provide a meal break after five continuous hours of work. Some companies offer paid meal breaks, but this must be outlined in a formal agreement between the employer and employees.

What happens if I miss my meal break?

If an employee misses their meal break, they may be entitled to extra compensation. In the public sector, this could mean being paid at their ordinary rate plus 50%. In the private sector, this could depend on the specific award or enterprise agreement in place.

If you missed a meal break, you may be entitled to extra pay. Depending on your industry, you may get paid an extra 50%. Reviewing your specific-break regulations can help. 

Can breaks be combined or adjusted?

Some industries allow employees to merge or adjust breaks to fit work needs. For example, two 10-minute breaks might be combined into one 20-minute break. Rules vary by workplace and industry.

What’s the difference between a rest break and a meal break?

A rest break is a short, paid break (10–15 minutes) to step away from work. A meal break is longer (30–60 minutes), usually unpaid, and gives employees time to eat and recharge.

Extra resources

To stay compliant, here are some tools and resources to help you stay informed about break regulations:

• Fair Work Ombudsman: the go-to resource for workplace rights and obligations in Australia, including break entitlements.
• Safe Work Australia: provides guidelines on workplace health and safety, which include break requirements for specific industries.
• Industry-specific awards: employers should always refer to the relevant award for their industry to ensure compliance.
• Workplace Health and Safety Act 2011 (NSW): stay up-to-date on recent legislative changes, particularly those around workplace safety.

Finally, we recommend seeking legal advice from business lawyers. They can help ensure your contracts are commercial and keep your business up to date with regulations to avoid legal disputes.

Final considerations 

Paid breaks aren’t just a nice-to-have—they’re a legal entitlement that benefits both employees and employers. A well-rested team creates a happier, healthier, and more productive workplace. Understanding break times at work by law in Australia is essential for fostering a positive workforce.

Whether you’re a business owner or an employee, the H+A Legal team can help ensure compliance—from drafting contracts and addressing contract breaches to resolving commercial disputes. We’re your trusted partner in business law.