Hello, I need some advice. I have recently started a new job working in a kitchen about 10 hours a day plus overtime when needed. We are not allowed to take meal breaks or have any water because the kitchen would look messy with water bottles around. Because of the ovens the environment can get pretty hot.
It seems like there are two main issues within your enquiry, the failure to provide breaks and the failure to provide water - let me break it down
Issue 1: Breaks The first issue has both an industrial and OHS answer.
Whilst our team are not set up to offer industrial advice, I would counsel you to determine your girlfriend’s employment instrument. For example, the default conditions, contained in the Restaurant Industry Award 2024 entitles workers to the following breaks:
|
Hours worked per day |
Breaks |
|
5 hours or more and up to 10 hours |
An unpaid meal break of at least 30 minutes (to be taken after the first hour of work and within the first 6 hours of work or in accordance with clause 16.4). If the employee is rostered to take an unpaid meal break later than 5 hours after starting work, one additional 20-minute paid meal break (to be taken after the first 2 hours of work and within the first 5 hours of work). |
|
More than 10 hours |
An unpaid meal break of at least 30 minutes (to be taken after the first hour of work and within the first 6 hours of work or in accordance with clause 16.4). If the employee is rostered to take an unpaid meal break later than 5 hours after starting work, one additional 20-minute paid meal break (to be taken after the first 2 hours of work and within the first 5 hours of work). 2 additional 20-minute paid rest breaks. |
Notwithstanding any industrial entitlement, an employer still has the general duty of care under the OHS Act to provide safe systems for work for employees (section 21). This includes ensuring that workers have adequate rest breaks or rest periods to control risks, to relieve fatigue and to be able to eat a meal. Rest breaks are an effective way to control certain workplace health and safety risks and can also increase productivity.
Issue 2: Drinking Water
Similarly, the employer’s duty to provide a safe workplace extends to amenities. Whilst, for whatever reason they may refuse to allow for water bottles, they must ensure that there is drinking water readily available for all staff. The Compliance Code for Workplace Facilities and the working environment clearly states that the employer must provide Clean, potable, cool drinking water and the water must be easily accessible to workers. This matter was also consider by the Federal Court in RAFFWU v Tantex where Justice Logan said "denial of access as needed to toilet facilities or drinking water could, as a matter of ordinary life experience, have adverse health and safety ramifications for an employee and thus enliven the primary statutory duty of an employer found in section 19 of the [Queensland] WHS Act" – the section that is equivalent in s.21 of the Victorian OHS Act.