Whether you're an employee trying to understand your entitlements, or an employer managing rosters, knowing how much time must legally pass between shifts is crucial for compliance, safety, and wellbeing. This guide covers what the law says, how it applies across different industries, and what to do if you're concerned about your current work schedule.
Why Is Rest Between Shifts Important?
Rest between shifts is critical because it protects your health, safety, and long-term performance. Without adequate recovery time, workers are at higher risk of:
- Fatigue-related errors or accidents, especially in high-risk industries like healthcare or transport
- Chronic stress, burnout, and mental health decline
- Reduced productivity and lower job satisfaction
Australia’s labour laws and industry awards set minimum rest periods not just to protect employers legally, but to ensure that employees have enough time to sleep, commute, and recover before starting another shift. Ultimately, proper breaks benefit both the worker and the organisation.
Minimum Break Between Shifts Under the Law
There is no one-size-fits-all rule under the Fair Work Act 2009, but most awards and enterprise agreements mandate a minimum break between shifts. Common examples include:
- 10-hour break between finishing one shift and starting another (common in health, transport, and hospitality awards)
- 12-hour break for high-risk industries or roles involving heavy machinery or night shifts
- 8-hour minimum rest in some casual or rotating shift arrangements
The actual break depends on your industry, role, and applicable award or agreement.
What Does the Fair Work Ombudsman Say About Rest Between Shifts?
The Fair Work Ombudsman states that rest periods between shifts depend on the applicable award, enterprise agreement, or employment contract. While there's no universal rule for all industries, many awards require a minimum 10 to 12-hour break between shifts—particularly in roles involving fatigue risks.
For example, under the Hospitality Industry (General) Award, employees are generally entitled to at least 10 hours of rest between finishing one shift and starting another. However, some agreements may allow variations, such as reduced breaks in emergency situations or for split shifts, as long as health and safety are not compromised.
To know your exact entitlements, the Ombudsman recommends checking the award relevant to your role or contacting them directly for clarification.
Industry Examples
Here’s how break entitlements typically apply across different sectors:
- Healthcare & Aged Care: 10–12 hours between shifts
- Hospitality (Restaurants, Hotels): 10 hours between shifts (some exceptions for split shifts)
- Transport & Logistics: Minimum 10–12 hours; strict rules under fatigue management
- Retail: 8–10 hours depending on award
- Mining & Construction: Typically 12 hours for safety-critical roles
Can I Agree to a Shorter Break Between Shifts?
In some cases, yes. Awards or enterprise agreements may allow shorter breaks with mutual agreement – usually offset by:
- Penalty rates or overtime payments
- Additional break time later in the week
- Rostered days off
However, employers cannot impose shorter rest periods unilaterally, especially if it causes fatigue or violates safety standards.
Exceptions and On-Call Scenarios
Some exceptions apply for:
- On-call workers: May return to work with shorter breaks, but must be compensated appropriately.
- Emergency services: Can be rostered with shorter rest in urgent situations, provided fatigue protocols are followed.
- Casual workers: Often have flexible rosters but must still receive fair breaks if working extended hours.
How Can I Check My Specific Rights Between Shifts?
To check your legal entitlements between shifts, start by identifying the award or enterprise agreement that applies to your job. You can do this by:
- Using the Fair Work Award Finder to search by job title or industry
- Reviewing your employment contract or payslip for references to an award or agreement
- Speaking to your HR department, payroll team, or union representative for clarification
Once you've identified your award, look for clauses about “rest breaks,” “minimum break between shifts,” or “fatigue management.” These will outline exactly how much rest you're entitled to between work periods. If you're still unsure, contact the Fair Work Ombudsman for guidance or seek advice from a legal expert through platforms like LegalFinda.
What Should You Do If You're Not Getting Enough Rest Between Shifts?
If you're consistently not receiving the minimum rest period between shifts, you should take the following steps:
- Review your award or agreement: Use the Fair Work Award Finder to confirm your entitlements.
- Talk to your employer: Raise the issue respectfully with your supervisor, manager, or HR department. They may not be aware that your shift schedule is non-compliant.
- Keep a record: Track your hours, breaks, and shift patterns in writing. Documentation will support your case if further action is needed.
- Seek support: Contact your union (if you're a member) or reach out to the Fair Work Ombudsman for free advice and potential enforcement.
- Get legal advice: If the problem continues, consider speaking to a workplace lawyer. You can use platforms like LegalFinda to find qualified legal professionals experienced in employment rights.
Remember, consistent fatigue and overwork aren’t just inconvenient — they may breach your legal protections as an employee.
Frequently Asked Questions
Still unsure about how break entitlements apply to you? These FAQs may help clarify common concerns. For more complex or personal cases, always consult a legal expert or employment advisor.
- Is it legal to work two shifts in one day? – Yes, if rest and break entitlements are met.
- Can I choose to work without a break? – Not usually; breaks are a legal entitlement, not just an option.
- What happens if I work overtime after a shift? – Your next shift must be adjusted to meet minimum break requirements.
Final Tips: Know Your Rights, Protect Your Health
Break periods between shifts are not just about compliance — they’re essential for your safety and wellbeing. Don’t compromise on rest, especially in demanding or safety-sensitive roles.
If you’re unsure about your entitlements, seek guidance from a legal professional or employment specialist. Knowing your rights empowers you to work safely and confidently.
Need help understanding your roster or employment conditions? LegalFinda can connect you with trusted employment lawyers across Australia.
Speak to a legal expert through LegalFinda and make informed decisions about your rights at work.
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