Restaurant Industry Award (MA000119): Complete Summary (Updated 2023)
This blog is a complete summary of the Restaurant Industry Award, covering all main pay categories that determine the calculation of pay. The full version of the award can be found here.
Table of contents:
Coverage:
The Restaurant Industry Award covers employers and employees in the general retail industry throughout Australia.
This includes business such as :
- Restaurants
- Restaurant caterers
- Cafes
- Reception centres
- Tea rooms
- Night clubs
- Roadhouses mainly providing sit down service (if they are run as a separate business to a petrol station)
- Any business that mainly sells food/beverages to be eaten on premises.
Employees under this award also include:
- Waiters and waitresses
- Baristas (in mainly eat-in cafés)
- Kitchen hands, cooks and chefs including apprentice chefs
- Clerical and office employees
- Security and storeroom employees
Key Takeaways - Restaurant Industry Award:
- Full Time and Part Time employees have a maximum daily rate of 11.5 hours a day (excluding meal breaks).
- Casuals have a maximum daily rate of 12 hours per day or per shift or a maximum of 38 hours per week (which can be averaged across 4 weeks).
- Juniors where under 18 years of age, must not work more than 10 hours in a shift.
- Clause 15.1 an employee rostered to work more than 10 ordinary horus on 3 consecutive days is entitled to a minimum break of 48 hours after the last consecutive 10 or more hour day
- Clause 15.1 an employee can work a maximum of 8 days which are more than 10 hours in a 4 week cycle
- Clause 15.1 employees must have a minimum of 8 full days off in a 4 week period
- Clause 15.1 a split shift span must be a maximum of 12 hours
- Clause 24.4 a full time employee who works a public holiday must be paid a minimum of 4 hours (2 hours for a casual)
- Clause 24.4 if a full-time or part-time employee works on Christmas Day and it falls on a weekend and not a public holiday, they are entitled to 125% for hours worked on Christmas Day and a substitute day off
Full time employees:
|
Ordinary hours
|
Engagement
|
Penalty
|
Overtime
|
Leave Entitlements
|
|
Average 38 hours per week
|
Minimum:
6 hours per day (excluding meal breaks)
Maximum:
11.5 hours a day
|
Monday to Friday - 6am to 10pm:
100%
Monday to Friday - 10pm to Midnight:
100% + $2.48 per hour or part of an hour
Monday to Friday - Midnight - 6am:
100% + $3.71 per hour or part of an hour
Saturday - all ordinary hours:
125%
Sunday - all ordinary hours:
150%
Public holiday - all ordinary hours:
225%
|
Monday - Friday (first 2 hours):
150%
Monday - Friday (after 2 hours):
200%
Saturday
(first 2 hours):
175%
Saturday
(after 2 hours):
200%
Sunday:
200%
Rostered day off:
200%
|
- Annual leave
- Personal/carer’s leave and compassionate leave
- Parental leave
- Community service leave
- Family and domestic violence leave*
|
Part time employees:
|
Ordinary hours
|
Engagement
|
Penalty
|
Overtime
|
Leave Entitlements
|
|
8 - 37 ordinary hours per week (or average per week)
|
Minimum:
3 hours
Maximum:
11.5 hours a day (excluding meal breaks)
|
Monday to Friday - 6am to 10pm:
100%
Monday to Friday - 10pm to Midnight:
100% + $2.48 per hour or part of an hour
Monday to Friday - Midnight - 6am:
100% + $3.71 per hour or part of an hour
Saturday - all ordinary hours:
125%
Sunday - all ordinary hours:
150%
Public holiday - all ordinary hours:
225%
|
Monday - Friday (first 2 hours):
150%
Monday - Friday (after 2 hours):
200%
Saturday
(first 2 hours):
175%
Saturday
(after 2 hours):
200%
Sunday:
200%
Rostered day off:
200%
|
- Annual leave (pro rata)
- Personal/carer’s leave compassionate leave pro rata)
- Parental leave
- Community service leave
- Family and domestic violence leave*
|
Casual employees:
|
Ordinary hours
|
Engagement
|
Penalty: Introductory to Level 2
|
Penalty: Level 3 to Level 6
|
Overtime
|
Leave Entitlements
|
|
No guaranteed hours
|
Minimum:
2 hours
Maximum:
12 hours per day or shift
|
Monday to Friday - 6am to 10pm:
125%
Monday to Friday - 10pm to Midnight:
125% + $2.48 per hour or part of an hour
Monday to Friday - Midnight - 6am:
125% + $3.71 per hour or part of an hour
Saturday - all ordinary hours:
150%
Sunday - all ordinary hours:
150%
Public holiday - all ordinary hours:
250%
|
Monday to Friday - 6am to 10pm:
125%
Monday to Friday - 10pm to Midnight:
125% + $2.48 per hour or part of an hour
Monday to Friday - Midnight - 6am:
125% + $3.71 per hour or part of an hour
Saturday - all ordinary hours:
150%
Sunday - all ordinary hours:
175%
Public holiday - all ordinary hours:
250%
|
Monday to Friday - first 2 hours:
150%
Monday to Friday - after 2 hours:
200%
Saturday - first 2 hours:
175%
Saturday - after 2 hours:
200%
Sunday - all time worked:
200%
Rostered day off - all time worked:
200%
|
- Personal/carer’s leave and compassionate leave (unpaid)
- Parental leave (unpaid)
- Community service leave (unpaid)
- Family and domestic violence leave (paid)**
|
- Note: All casual overtime rates are inclusive of casual loading.
*From 1 February 2023, all employees (including casuals) of non-small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
*From 1 August 2023, all employees (including casuals) of small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
Junior Employees:
Adult rates are paid when an employee is 21 years of age or older. Junior employees receive specific rates (see table below):
|
Age
|
% of minimum weekly rate
|
|
16 years of age and under
17 years of age
18 years of age
19 years of age
20 years of age
|
50%
60%
70%
85%
100%
|
A junior employee's weekly rate is calculated in accordance with the table above and must be rounded to the nearest $0.10: whether rounded up or down.
Apprentices:
For apprentice rates go to the award.
Classification of employees:
| |
Employee stream and grade
|
Stage of Apprenticeship
|
Junior Ages
|
|
Classifications
|
Introductory level
Level 1
Level 2
Level 3
Level 4
Level 5
Level 6
|
Stage 1
Stage 2
Stage 3
Stage 4
|
16 and under
17
18
19
20
|
Higher duties:
Under 2 hours working in a higher classification than one’s work
- Pay at a higher rate for the duration of duties
Over 2 hours working in a higher classification than one’s work
- Pay at a higher rate for the whole of the day
Breaks:
|
Rest break
|
Worked 5 hours after meal break: not specified
|
More than 10 hours: 2 paid 20 minute rest breaks
|
|
Meal break
|
Worked between 5-10 hours: Minimum 30 minute unpaid meal break
|
More than 10 hours: Minimum 30 minute unpaid meal break
|
|
Additional rest break
|
20 minute paid rest break if employee works more than 2 hours overtime after rostered hours
|
|
Rest period (break between shifts)
|
(Except casuals) Minimum of 10 hours between work one day and work the next day, and a minimum of 8 hours for changeover of rosters
|
Allowances:
|
Split shift allowance
|
Applies to FT and PT who are working a broken day, allowance of $4.70 for each separate work period of 2 hours or more.
|
|
Meal allowance
|
$14.40, if the employee is required to work overtime for more than 2 hours without being notified of that requirement on or before the previous day.
|
|
Special clothing allowance
|
Reimbursement
|
|
Tools and Equipment
|
Where required to provide and use own tools, for cooks and apprentice cooks, allowance $1.93 (minimum) and $9.46 (maximum) per day/part day
Otherwise, reimbursement for towels, tools, knives, choppers, implements, utensils or other materials that were not supplied/paid for.
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