Fair Work has issued a reminder for employers in the live performance industry: if your employees work through their scheduled meal breaks, they may be entitled to extra pay.
Under the Live Performance Award, workers must receive a meal break after five hours of work. If they don’t get this break, you must pay them according to the award’s penalty provisions.
If an employee is required to work through their meal break, they must be paid:
- 200% of the minimum hourly rate for full-time and part-time employees
- 225% of the minimum hourly rate for casual employees
These updated penalty rates apply from the first full pay period starting on or after 21 July 2025.
This rule applies to Performers, Stage Crew, and Technical and Support Staff.
Why this matters for SMEs in the live entertainment sector
Missing meal breaks is common during rehearsals, performances, or bump-in/bump-out periods – but under the award, it’s not just a minor inconvenience; it’s a legal and financial obligation. If you fail to pay the correct penalty rates, your business could face back-pay claims or compliance action from Fair Work.
Beyond compliance, protecting meal breaks (or compensating fairly when they can’t be taken) shows respect for your team’s wellbeing – something that can improve morale and reduce turnover in an industry known for irregular hours and high demands.
Example scenario
You’re running a stage production, and a performer’s call time is 3:00 pm. By 8:00 pm, they’ve worked five hours straight without a meal break because of a technical delay. Under the updated award rules, you must pay them the penalty rate – double time (200%) if they’re a full-time or part-time employee, or 225% if they’re casual – for the period they work through that missed break.
What SME employers should do now
- Review your rostering and break policies to ensure they comply with the award.
- Train stage managers, crew chiefs, and supervisors on when penalties apply.
- Update payroll systems to automatically apply the correct penalty rates.
- Keep clear records of when breaks are missed and why.
Bottom line
From 21 July 2025, the cost of missed meal breaks will be higher – but with good scheduling and awareness, you can minimise both disruption and penalties while keeping your team well looked after.
