Road Transport and Distribution Award 2010 (RTD Award)
Modern Award Handbook

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RTD Award Handbook
Introduction
The FairWork Ombudsman
About the Shared Industry Assistance Project
Australian Road Transport Industrial Organisation (ARTIO)
Disclaimer
Abbreviations
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Background
Background
Road transport businesses
Modern Awards
What are modern awards?
Division 2B employers
Who is excluded from modern awards?
Safety Net Provisions
Fair Work Act 2009
National Employment Standards (sections 59 to 131 of Fair Work Act)
Key Dates
Modern Award Structure
Fundamentals of the RTD Award
RTD Award coverage
RTD Award Coverage
Coverage clause
RTD Industry
RTD Award classifications
Award overlap principles
Ranking of competing awards
Most appropriate environment clause
Applicable occupational based modern awards
Interaction with Road Transport (Long Distance Operations) Award
Other types of employees not covered by the RTD Award
Other definitions
Hiring and employing staff under RTD Award
Types of employment
Junior employees
Letters of engagement
Fair Work Information Statement
Wage rates
Full-time, part-time and casual rates
Junior employees
Payment of wages
Superannuation
Allowances
Background to allowances
Expense related allowances
Direct reimbursement of expenses
Disabilities and reward based allowances
Higher duties
Accident Pay
District allowances
Hours of Work
Ordinary hours of work (general transport)
Ordinary hours of work (oil distribution)
Rostered Days Off (general transport)
Where an RDO does not apply (general transport)
Rostered Days Off (oil distribution)
Where RDO does not apply (oil distribution)
Start times
Early start times (newspaper, meat, live poultry deliveries, or fish, fruit and vegetable transport)
Breaks
Meal breaks during ordinary hours
Rest breaks during overtime
Meal allowance entitlements
Overtime and Penalty Rates
Overtime and Penalty Rates
Overtime rates
10 consecutive hours rest period after overtime
Call-back
Standing–by (or on-call) rates
Transport reimbursement or travelling time payment after finishing overtime
Paid time off instead of payment for overtime
Penalty Rates
Weekend rates
Public Holidays rates
Shiftwork
Shiftwork
Shift hours and shift rosters
Afternoon and night shift loadings
Casual employees engaged on shift work
Shiftwork overtime
Shiftwork on weekend or public holiday
Shiftwork meal breaks
Rate of pay when less than 5 consecutive afternoon or night shifts are worked
Rate of pay when shift extends beyond midnight
Public holiday shift
Public Holidays
Public Holidays
Leave
Annual leave
Personal/carer’s leave
Compassionate leave
Community service leave
Long Service Leave
Dispute resolution training leave
Termination of employment
Termination of employment by employer
Exceptions to the general rule on notice of termination
Job search entitlement
Employee resignation
Redundancy/severance pay
Redundancy/severance pay
Severance Payments in NSW
Exceptions to the general rule on redundancy pay
Job search entitlement
Reasonable alternative employment
Transitional provisions
Transitional provisions
Basic summary of the transitional wage provisions
Process clauses
Access to Award and National Employment Standards
Award flexibility
Facilitative flexibility arrangements
Consultation regarding major workplace change
Dispute resolution procedure
Appendices
Appendix A: List of old Federal and State Awards subsumed in whole or in part by the RTD Award
Appendix B: Table of employee Classification Descriptors under Schedules B and C of the RTD Award
Appendix C: Transitional Provisions in the RTD Award
Appendix D - RTD Award Wages and Allowances Ready Reckoner
Appendix E - National Employment Standards not covered elsewhere in this Handbook
Meal breaks during ordinary hours Print
Road Transport & Distribution Award 2010 Handbook - Breaks

Sub-clause 26.4 provides an overiding direction that an employee must not be required or permitted to work longer than 5½ hours without a break for a meal.

For day workers, meal breaks during ordinary hours of work are unpaid and do not attract meal allowance.  An employee must be allowed a regular meal break during ordinary hours of work except where unforeseen extraordinary circumstances arise (sub-clause 26.1).

The meal break must be of regular duration. The duration of a meal break is minimum of 30 mins and maximum of 1 hour.

The meal break must commence at a point no earlier than 3½ hours and no later than 5½ hours after an employee’s fixed starting time of the ordinary hours of work.

If the meal break is not allowed, all time worked after the commencement time of the regular meal break until a break without pay for a meal time is allowed must be paid for at the rate of ordinary time, the payment to be in addition to any payment due in respect of a weekly or casual wage.

 

For more information, contact the Fair Work Ombudsman on 13 13 94 or visit the FWO website to submit your question.

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