Last Updated on 19/09/2025 by Damin Murdock
Hospitality is a demanding industry where staff often work long and irregular hours. The Hospitality Industry (General) Award 2020 (the Award) sets out clear rules on meal breaks, rest breaks, and rostering to ensure the health and wellbeing of employees. Employers who fail to comply not only risk penalties but may also face higher staff turnover and workplace health and safety issues. This article explains the requirements in plain English.
Meal Breaks
Meal breaks are a fundamental entitlement. Under the Award, employees working more than five hours must be provided with an unpaid meal break of between 30 and 60 minutes. If the employer requires the employee to work during their meal break, the employee must be paid penalty rates until such a break is provided. Additional paid meal allowances may apply if an employee works overtime without adequate notice.
Rest Breaks
Rest breaks (or tea breaks) are also required. Employees are entitled to a paid rest break of 10 minutes for every four hours worked, or a 20-minute break if working more than eight hours. These breaks cannot be scheduled at the start or end of a shift but must be taken during working hours. Rest breaks are important to reduce fatigue and ensure safety, particularly in busy kitchens and bars. Rostering rules under the Award are designed to provide predictability and fairness.
Roster Changes
Employers must give employees at least seven days’ notice of roster changes, unless otherwise agreed. Rosters must also take into account minimum engagement periods for casual and part-time employees. For example, casual employees must be given at least two hours of work per shift. Failure to comply with rostering rules can lead to disputes and claims before the Fair Work Commission.
Practical steps for employers include using electronic rostering systems to track compliance, communicating roster changes in writing, consulting employees about changes that affect them, and keeping records of breaks and rosters for at least seven years as required by the Fair Work Regulations.
Key Take Aways
Meal breaks, rest breaks, and rostering are not just operational matters, they are legal obligations. Compliance helps prevent disputes, reduces fatigue-related risks, and promotes a safer and fairer workplace in hospitality.
Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
