An ANMF member who worked at a GP clinic recently took her former employer to the small claims division of the Federal Circuit and Family Court of Australia, with support from ANMF industrial team.
Due to the high workload demands placed on her on certain days, the member was unable to take the unpaid lunch break she was entitled to under the Nurses Award 2020.
Under the award, where an employee is required to be on duty during a meal break, they are to be paid overtime for all time worked until the meal break is taken.
On the days in question, the member was required to prepare for and attend off-site seasonal flu vaccination clinics, while also treating patients for the rest of the day.
The employer argued that it did not direct her to work through her lunch breaks and that it made time in the booking calendar for her to take those breaks.
ANMF argued that the amount of work our member was required to do on these days made it impossible for her to take her meal breaks, even though they were technically in the calendar.
The Court found in favour of our member, awarding her the penalty payment, as well as interest and the costs associated with making the application (i.e. the $300 filing fee). The Court noted that a requirement to be on duty during a meal break does not necessarily need to arise from a direction; rather it can also be circumstantial. In other words, where an employee is required to perform so much work on a given day that they have no opportunity to take a meal break, they will be entitled to the penalty payment under the award.
‘As a member of the ANMF, I was grateful to receive legal assistance in resolving my workplace dispute,’ the RN said.
‘As nurses, we understand the importance of knowing our employment rights and award entitlements, but raising these issues in the workplace can sometimes be challenging. We work hard throughout our careers, and something as basic as taking our entitled lunch breaks should never be overlooked. Having the ANMF’s support gave me the confidence to pursue my small claim, and I was pleased to achieve a successful outcome.’
