Every nurse and midwife deserves to get their meal breaks – and when you cannot take it due to workload issues, you should be paid for it.

Queensland Health:

Under EB11, if you are unable to take your meal break between the fourth and sixth hour of your shift, but you can reschedule your meal break for later in the shift, you must be paid 30 minutes at ordinary rate. 

If you cannot take your meal break at all during the shift, you must be paid 30 minutes at the appropriate overtime rate.

This is an entitlement that the QNMU fought to secure for many years. It was finally negotiated as part of the EB10 enterprise agreement in 2018.

Private sector: 

According to the Nurses Award 2020, “Where an employee is required to remain available or on duty during a meal break, the employee will be paid overtime for all time worked until the meal break is taken”. 

Many private hospital enterprise agreements contain clauses that provide a payment of double time if the meal break is not able to be taken between the fourth and sixth hour. Employees must notify their manager if they are unable to take the break due to workloads/lack of relief.

Private sector nurses should check their enterprise agreement for details. 

So if you’re working through your meal breaks and are not getting paid, you should be! Speak to your Line Manager in the first instance, and if you cannot resolve the issue, contact your QNMU Organiser.