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.