Is this the end of the ‘smoko’ break?
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Financial Review.
Jan 29, 2025
Have we reached the end of the historic Aussie “smoko” break?
That is the argument one prominent retail brand pushed in a major industry case to relax historic restrictions on staff taking 10-minute paid breaks.
Endangered activity? A worker taking a break.
Kmart has told the Fair Work Commission that workers’ desire for the pause in work “historically known as a ‘tea break’ or as a ‘smoko break’” has fallen away in today’s modern workplace.
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Workers are getting hydrated on shift instead and few are aching for a puff.
“The majority of our workforce is representative of a younger demographic who would often prefer to waive their meal break because they already carry water with them during shift and because smoking rates are now far less prevalent,” Kmart head of supply operations Chris Melton wrote in a witness statement to the commission.
Kmart’s evidence was given in support of the Australian Retailers Association’s application for 17 changes to the retail industry award involving rostering, breaks and entitlements, to make it simpler for employers to use.
The ARA says workers should have the right to take their 10-minute paid rest break at the end of their shift – an option explicitly barred by the award – and waive unpaid meal breaks for shifts up to six hours. Bosses also should not have to roster on breaks in advance.
Unions are opposing the ARA push and fear its proposals could see the disappearance of the rest break.
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“The employers are abusing a bit of good old Aussie slang used to describe what was always designed to be a brief opportunity for workers to recharge their batteries so they could focus efficiently, effectively and safely on their designated tasks throughout the rest of their shifts,” Shop Distributive and Allied Employees Association national secretary Gerard Dwyer said.
“The fact that fewer people smoke these days or that some workers carry water bottles does not detract from the real purpose of these brief breaks. Rather, it is a smokescreen being erected by some ungrateful employers who can never think beyond finding new ways of chipping away at workplace arrangements.”
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Retail and Fast Food Workers Union secretary Josh Cullinan said young workers were “not sitting at a computer where they can browse the web and emails – this is a time when they can have a cool drink and check their phone or check on family”.
Rest breaks also had a safety component for workers who were “forced to work in the cold or work in the heat or a fast environment, or have customers treating them appallingly”, he said.
Are smokos now vape-os?
Smokos are peculiarly Australian slang for short informal breaks, originating from the military and sheep shearers stopping work for a cigarette. The rest breaks were first formalised in 1924 for engineers experiencing hot temperatures at work and have since expanded to cover anything from light meals to coffee.
Recently, Commonwealth Bank had to backpay thousands of branch staff $3 million after failing to pay them their 10-minute tea breaks over six years. McDonald’s is also facing a $250 million class action for allegedly not giving staff the breaks.
Veteran industrial relations adviser Stephen Smith said industry awards never used smoking to justify the break, although blue-collar workplaces still refer to the break as a smoko, including in some CFMEU agreements.
“Smoko or tea break is really a term that was used colloquially,” he said. “It’s common in factories to call them a smoko break, but most awards didn’t include those entitlements. It’s typically described as a rest break.”
Even if smoking was the justification, a 2022-23 government survey found 49 per cent of people aged 18 to 24 in Australia had used an e‑cigarette at least once in their lifetime, the highest of all age groups.
Leaving aside Kmart’s evidence, ARA argues workers should have the option to take their rest breaks at the end of a shift so they can leave early for caring responsibilities or because of decreased traffic at a store.
The lobby group points out the hospitality award, which covers pubs and clubs, already has a default position where breaks are not provided for shifts of up to six hours unless the employee requests it, it says. Other awards allow employees to agree on the timing of breaks.
But Mr Cullinan counters individual employees’ agreement is not enough of a safeguard when the power balance favours the employer.
“Kmart is probably the largest user of child labour in retail,” he said. “All the research shows young people and casuals are more vulnerable – for workforces like Kmart that rely on workers like that, they have an extra responsibility to provide care and support.”