Adelaide Youth Training Centre | Meal Break Penalty Payments | Money Claim Has Been Lodged

22 January 2018

The PSA lodged an “Application for Money Claim” in the South Australian Employment Tribunal (SAET) on 16 January 2018. The money claim is a retrospective claim for meal break penalty payments when the minimum 30 minute unpaid meal break has not been provided.

The SA Public Sector Wages Enterprise Agreement Salaried provides for a 50% penalty payment if a meal break has not been provided after five hours.

Eating a meal while on duty and monitoring residents in the dinning room does not constitute a meal break. The intent of a break signifies that it is an interruption in the day’s work when employees are free, not only to eat a meal, but to leave their immediate workplace or even the employer’s premises altogether on business of their own.

The SAET has listed a compulsory conciliation conference on Tuesday 13 February 2018. The PSA will be represented at this conference by PSA Senior Industrial Officer, a PSA Councillor and two PSA Worksite Representatives from AYTC.

In interim the PSA recommends that members continue to ask management (preferably by email) for a meal break and, if a break is not provided, the penalty payment. Members should also keep a copy of these requests.