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ARTICLE · 14 JULY 2022

When does work commence? - the difference between paid working time and unpaid preparation time

In some circumstances, employees need to perform work-related tasks before commencing work, or during their break.

AustraliaEmployment and HR
Tavishi Arora
Tavishi Arora

It is generally accepted that employees will need to take steps to prepare themselves before commencing work, and that this preparation time is unpaid. However, there are circumstances where employees are required to perform work-related tasks prior to commencing work, or during their break. For example, applying and removing personal protective equipment ("PPE").

The question arises...what constitutes paid working time, and what remains unpaid preparation time?

Preparation vs performance

In a case against Bindaree Food Group Pty Ltd ("Bindaree"), the Fair Work Commission ("FWC") considered the difference between preparation for work and performance of work. The employee, Mr Jay Seo, argued that he did not enjoy his full 30-minute break because of the time he was required to spend applying and removing his PPE. He also claimed that he should be paid for the time spent applying and removing his PPE at the commencement and end of his shift.

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