Like a bad smell, the issue of policing toilet breaks at Services Australia lingers.

An employer cannot take adverse action (punish or threaten to punish) an employee because they used or want to use a workplace right (go to the toilet or get a drink outside a specified break time).

The Federal Court of Australia has found that the right to take a short drink or toilet break outside of scheduled breaks is a “workplace right” - Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020].

This means if you go to the loo or get a drink you cannot be punished at work, including with threats that you have underperformed.

Use your membership tools to help educate people:

Shout out to your CPSU organisers if this is happening in your site.