Breaks are a workplace entitlement that is provided for in the Awards and in most Agreements. Like many elements, the requirements around Breaks is significantly different in the fuel industry than they are in other traditional retail industries. There are special provisions that apply to the console operators take into account the fact that they are supervising a dangerous goods site and required to be able to respond to emergencies like spills or fires in the DG site that is a service station. For Roadhouse and Driveway Attendants there are more options when it comes to the arrangement of breaks, but special conditions still apply. As more and more underpayment claims in other industries are centred around breaks ACAPMA is making a new Guide Breaks in Fuel Retail available to Members.
“Like so many things in P&C breaks are ‘a bit different’ than they are in other industries. The standard application of Crib Breaks in the industry is something that is often completely foreign to workers who are coming from other industries”, outlines ACAPMAs Elisha Radwanowski.
“Most new to industry staff have never even heard of a Crib Break, let alone understand how they work. This unique situation and lack of understanding leads to confusion and tension if it is not addressed. Add into this the treatment in the Award of breaks in two clauses that outline differing ‘options’ for breaks, some of which do not apply to console operator, and the result is that it is easy to get tied up in knots trying to work out breaks”, continued Elisha.
ACAPMAs Employment Department has published a new Guide that unpicks the tangle that can be Breaks in Fuel Retail and works through a detailed Q & A including;
- Which classifications are considered fuel retail workers?
- Which shifts do breaks for all fuel retail workers apply to?
- How do breaks work for all fuel retail workers?
- What is the difference between console operators and fuel retail workers?
- How does a Crib Break work?
- Does the choice of which Breaks Option to use have to be communicated?
- Does choosing Crib Breaks mean no unpaid Meal Breaks / Tea Breaks?
- Does a Crib Break need to be recorded on the timesheet/roster?
- Do Dedicated Breaks need to be recorded on the timesheet/roster?
- What happens if a Dedicated Break is missed or delayed?
- Can additional breaks be offered to some or all workers?
- Do fuel retail workers get Smoke Breaks?
“The new Breaks in Fuel Retail Guide the first of a full suite of employment and compliance guides for 2023-2024 that are being released in July”, continues Elisha.
The ACAPMA Breaks in Fuel Retail Guide is available in the Members Only section of the ACAPMA website, www.acapma.com.au , or members can email employment@acapma.com.au to request a copy.
Here to Help
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
