Posted on 09 Mar 2023
What to do if you’re being pressured to work overtime and through breaks
By Slater and Gordon

Alarming statistics are showing that staff shortages are increasing workload and workers are being pressured to work through breaks and work unpaid overtime.
In a recent study from Roy Morgan, commissioned by Slater and Gordon, more than half of manual or frontline workers said their workload had increased, largely due to pressure to work overtime or through their breaks.
In addition, more than half of workers (59%) felt that workload had increased since the start of the pandemic, largely due to staff shortages.
These statistics are concerning, especially for frontline and manual workers, where an increase in workload and decrease in rest can lead to costly health and safety risks.
The pandemic showed how much Australia relies on its manual and frontline workers, who kept the country running under the most difficult circumstances.
Know your rights and review your contract
When an employer denies a worker their entitled break, they are receiving free work from that employee, which adds up as unpaid work.
If you are an employee, your break entitlements will depend on your individual contract, modern award or employment contract.
Modern awards are legal instruments that outline the minimum pay and workplace conditions of a specific industry.
Workers have a right to be paid in accordance with their modern award and those employees who do not work in an industry covered by an award, are covered by the National Employment Standards outlined in the Fair Work Act.
These above statistics show a concerning trend. Being forced to work through provisioned breaks is not only dangerous, but it is against the law.
It is also against the law to be treated unfairly because you have asked to take a break that you are entitled to, or because you have exercised your workplace right to take your entitled break.
To find information about the minimum break requirements in your industry, visit the Fair Work Ombudsman website or speak to your union.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.