Paid and unpaid break rules in Australia

Updated 2026-11-02

In Australia, breaks come from your award or agreement rather than the National Employment Standards. Many awards give a paid 10-minute rest break and an unpaid 30 to 60-minute meal break, usually after about 5 hours of work.

Paid vs unpaid

Break type	Typical length	Usually paid?
Rest break (tea break)	10 minutes	Yes
Meal break	30 to 60 minutes	No

What to check in your award

How many hours you can work before a meal break is required.
Whether you are owed penalty rates if your meal break is delayed or missed.
Minimum breaks between shifts (often 10 to 12 hours under many awards).

Rules differ by award and state, so use the Fair Work Ombudsman's guidance on breaks or its Pay and Conditions Tool to check yours.

Recording breaks

Log the start and end of unpaid breaks so they come off your paid hours, and leave paid rest breaks in. Clockwell subtracts unpaid breaks from each shift automatically. See also penalty rates in Australia.

Frequently asked questions

Are breaks a legal right in Australia?

The National Employment Standards do not set breaks. Your entitlement comes from your modern award, enterprise agreement or employment contract, and some state laws also apply.

Is a 10 minute break paid?

Under most awards that include them, short rest breaks (often 10 minutes) are paid and count as time worked.

Is a lunch break paid?

Meal breaks of 30 to 60 minutes are usually unpaid. Many awards require one after about 5 hours of work. Check your award for the exact rule.