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Managing employee rosters is a balancing act – you want your business to run smoothly, while also looking after the wellbeing of your team. One question we’re often asked by small business owners is: what are the laws around time between shifts? Can I roster two shifts in one day? Is there a minimum break required by law between finishing one shift and starting the next?
Whether you’re running a busy café, a retail store, or a growing startup, understanding the legal requirements for time between shifts in Australia is crucial to keeping your business compliant and your workers happy. Let’s take a closer look at the rules and best practices – so you can build your roster confidently, stay within the law, and foster a great working environment.
Keep reading for a complete guide to the minimum time between shifts, including common standards like the 10 hour break between shifts, and what to do if you (or your staff) aren’t getting enough hours or are worried about breaches.
What Does “Time Between Shifts” Mean?
The time between shifts refers to the mandatory rest period your employees must have from the end of one rostered shift to the start of their next. This is also called the “minimum break” or “gap” between shifts.
Why does this matter? Well, in Australia, there are laws and modern awards in place to ensure employees have enough time to rest and recover, helping to prevent fatigue and promote health and safety in the workplace. For many industries, particularly those with unpredictable or long hours, these rules are vital.
What Is the Minimum Time Between Shifts in Australia?
There is no single rule in the Fair Work Act 2009 that applies to every business or employee. Instead, the minimum time between shifts is determined by:
- The employee’s Modern Award or Enterprise Agreement: Most awards specify a minimum break, typically 10 or 12 hours between shifts, depending on the sector.
- National Employment Standards (NES): While the NES set minimum rights, they don’t specify exact time between shifts – but they do cover maximum hours, breaks, and leave entitlements. These must be observed alongside any relevant award.
- Your own contract or workplace policy: You might choose to provide better (more generous) conditions, and some contracts or policies specify a longer minimum break than the award.
If an employee is not covered by an award, you’ll need to ensure your arrangements are still safe and reasonable, in line with workplace health and safety laws.
What Is the Standard “10 Hour Break” Rule?
You might have heard about a 10 hour break between shifts. This is one of the most common standards, and features in many Modern Awards, such as the Restaurant Industry Award, Hospitality Award, Retail Award, and others.
For example, the Restaurant Industry Award says that employees must have a minimum break of 10 hours between shifts (unless the next shift is a changeover, which has its own requirements).
The same standard applies in many other industries. Always check the specific award or enterprise agreement for your workplace – you can usually find the minimum rest period in the “hours of work” or “rostering” section.
Is There Ever a Requirement for More Than Ten Hours?
Yes – in some sectors, especially where long hours can create safety risks, the minimum time between shifts may be even longer. For example, many transport, mining, healthcare, or shift work awards require:
- 12 hour gap between shifts after a particularly long or overnight shift
- Even more extended rest periods, especially if overtime or on-call work is involved
It pays to double check the award that applies to your business.
Why Do Gap Rules Between Shifts Matter?
- Health & Safety: Fatigue from inadequate breaks can be a serious WHS risk, especially in roles involving driving or operating equipment.
- Legal Compliance: Not giving enough time between shifts can result in underpayment claims, penalties, or Fair Work investigations.
- Morale & Retention: Well-rested, valued employees are key to business success and reputation.
Not following the minimum break rules may expose your business to risk, even if an employee “agrees” to a smaller break. Employers must ensure legal minimums are met, regardless of employee preference, unless the award has specific provisions for mutual agreement (and sometimes only with a written agreement or extra pay).
How Do I Find the Minimum Time Between Shifts for My Staff?
Start by checking the Modern Award or enterprise agreement that most closely matches your business operations. You can find awards at the Fair Work Ombudsman’s website, or you may have received one from a past employer or association.
If your business is in a unique industry, or you’re not sure which award applies, consider seeking specific employment law advice. The right guidance can save you from accidental non-compliance and workplaces disputes.
You should also review the National Employment Standards (NES), which set minimum rights for all employees (such as hours of work, leave, and redundancy), and make sure your roster won’t breach those rules either.
If you cannot determine the correct minimum, adopting a conservative approach (e.g., at least a 10 hour break) is safest until you’ve clarified the exact terms.
What About Overtime and “Double Shifts”?
There are occasional exceptions in some awards, allowing for breaks of less than 10 hours if there are operational needs, such as an unexpected emergency or a special event. In those cases, you might need to pay additional overtime rates, or provide a larger break later.
Many awards have “double shift”, “split shift” or “call back” provisions – for example, letting an employee work two separate periods in one day (with a big enough unpaid gap in between). However, there are often strict limits to how often or under what conditions this is allowed.
Any departure from the minimum required break under the award needs to be clearly recorded, compensated, and justified. Otherwise, you risk significant penalties.
Are There Penalties for Not Giving Enough Time Between Shifts?
Yes. Failing to provide the minimum legal break can lead to:
- Underpayment claims: Employees may be entitled to penalty rates or backpay if not given proper breaks.
- Fines and penalties: The Fair Work Ombudsman can issue fines for breaches of employment law, including award conditions.
- Workplace safety investigations: Inadequate rest can be a breach of health and safety law, triggering investigations or even shutdowns in extreme cases.
Unintentional mistakes can be costly. Systematic breaches – or ignoring known requirements – expose businesses to much higher risk.
What Should I Do If an Employee Isn’t Getting Shifts or Requests Fewer Gaps?
Sometimes employees request to work extra shifts “back-to-back” or ask you to compress their roster (for example, to fit availability or personal commitments). You might also face situations where some team members aren’t getting enough shifts at work, leading to questions or disputes.
- Legal minimums can’t be waived: You can’t contract out of award minimum breaks, even if the employee asks. Your business must observe the required gap (unless the award has a process for genuine agreement in special cases).
- If staff aren’t getting enough shifts: Managing roster fairness and business needs can be tricky, but you must ensure your rostering decisions don’t breach discrimination, anti-bullying, or adverse action laws. You can review adverse action laws if you’re unsure.
- Clarify expectations in employment agreements: Your employment contracts should spell out any rostering commitments or flexibility, and your workplace policies should be up-to-date so expectations are clear.
If there are persistent issues with rosters, complaints, or confusion around the minimum time between shifts, it’s a good time to review your procedures and get legal advice before a dispute escalates.
What Legal Documents and Policies Should My Business Have?
Having the right legal documents in place will help you communicate minimum time between shifts, manage expectations, and prove compliance with the law if needed. The most useful documents include:
- Employment Agreement: Sets out each employee’s rights, obligations, and roster expectations – it should reference (and not contradict) the applicable award or enterprise agreement.
- Workplace Policy or Staff Handbook: A clear, easy-to-understand resource summarising time between shifts, overtime, swapping shifts, and reporting fatigue, aligned with award and legal requirements. See our guide to effective workplace policies.
- Modern Award or Enterprise Agreement: A copy of the applicable award or agreement, available in a central place (as required by law).
- Rostering & Record Keeping System: It’s not a “document” as such, but an organised record of shifts and changes, which is critical for defending your position if ever questioned.
If your business also has casuals, contractors, or shift workers, you may need additional documentation or terms to clearly define work conditions, pay rates, and minimum breaks. Read our guide to casual worker leave entitlements for more tips.
Are There Additional Legal Requirements I Should Know About?
Absolutely – employment law doesn’t stop at shift timing. As an employer, you must also ensure compliance with:
- Modern Award compliance: Including pay rates, minimum engagement periods, breaks during shifts (meal and rest breaks), and penalties.
- Workplace Health and Safety (WHS) laws: Ensuring the workplace is safe, and fatigue is managed responsibly.
- Australian Consumer Law (ACL): If your business interacts with customers, you also need to follow rules around fair dealing, advertising, and refunds.
Remember, proper documentation (including shift records, rosters, and employee acknowledgements) is also a key part of compliance.
What Happens If I Accidentally Breach the Minimum Time Between Shifts?
If you realise you’ve breached award rules (for instance, rosters became too tight, or you didn’t know about the minimum time required), act quickly:
- Fix future rosters immediately to ensure compliance.
- Offer additional paid breaks, overtime, or alternative remedies as required by the award or agreement.
- Document steps to correct the error, and keep records of employee agreements (where lawful).
- If you’re unsure what remedy you must provide, it’s important to get legal advice quickly to avoid escalation.
Being proactive, transparent, and fair is the best way to manage an accidental breach. Many issues can be resolved amicably if dealt with promptly.
Tips for Managing Rosters and Time Between Shifts
- Always use a reliable rostering system, so you can easily demonstrate compliance with break requirements.
- Communicate clearly and regularly with your team about what’s required under the award and your workplace policies.
- Review and update your employment agreements if there are changes to the law or your award.
- Encourage staff to report fatigue or breaks that are too short, and act if concerns are raised.
- Consult with an employment lawyer for tailored advice if your business operates with unusual shift patterns, multiple states/awards, or you’re ever in doubt.
Key Takeaways
- The minimum time between shifts in Australia is usually set by your industry Modern Award or agreement, commonly requiring a 10 hour break, though it can be longer in some sectors.
- These rules are in place to protect worker wellbeing and keep your business compliant with workplace laws.
- You cannot “opt out” of legal minimums, even if the employee wishes – only approved exceptions in the relevant award apply.
- Breaching minimum time between shifts, even by accident, can result in penalties, underpayment claims, or fair work investigations.
- Always keep clear records, update your contracts and workplace policies, and seek legal advice if you’re unsure which rules apply or how to fix a mistake.
- Setting up strong systems for rostering and compliance now helps prevent disputes and supports a healthy, sustainable business in the long run.
If you would like a consultation on managing time between shifts or want to review your workplace policies and contracts, contact us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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