Fast Food Industry Award
Respect@Work: Changes to the Fair Work Act 2009
On 10 September 2021, the Fair Work Act 2009 was updated to include miscarriage as a reason to access compassionate leave.
We’re reviewing the information in this interactive tool in light of these changes. We encourage you to keep checking back here for updates.
Find out more at New sexual harassment protections take effect.
Are you working or running a business in the fast food industry? The Fast Food Industry Award is the common award for this industry. Use our interactive tool to find out about your workplace entitlements and obligations under this award.
Not sure if the Fast Food Industry Award covers you? Minimum conditions at work can come from registered agreements, awards or legislation. Refer to our Fast Food Award Summary 
to help determine if this award applies or check using our Find my award tool.
Employment Status Overview
Full-time
| Average hours/week |
| 38 hours |
Position
status |
| Ongoing employment |
| Notice of termination |
| Receive |
| Paid annual leave |
| Receive |
| Paid carer's leave |
| Receive |
Part-time
| Average hours/week |
38 hours
Usually regular |
Position
status |
| Ongoing employment |
| Notice of termination |
| Receive |
| Paid annual leave |
| Receive |
| Paid carers leave |
| Receive |
Part-time employees must have a written agreement that includes which days they work, the number of hours they work on these days, their start and finish times on these days, the meal breaks and lengths, and set out that the minimum daily hours is 3 consecutive hours. The employee and employer must agree to any changes in writing (which can include electronic communication eg. text message).
| Average hours/week |
No guaranteed hours
Usually irregular* |
Position
status |
| Have the right to request casual conversion* |
| Notice of termination |
| N/A |
* Changes to casual employment
On 27 March 2021, changes were made to the Fair Work Act relating to casual employment. For information on the changes, visit Changes to casual employment – industrial relations reforms.
The changes include:
- a new definition of casual employment
- new rights under the NES for casual employees to be offered or request to become a permanent full-time or part-time employee in some circumstances (for more information see Becoming a permanent employee).
This award also deals with casual employment and has a process for casuals to convert to permanent employment in some circumstances. See the Award for further information.
The Fair Work Commission is currently reviewing how award terms interact with the new definition of casual employment and the new rights under the NES about casual conversion to permanent employment. The Commission must complete its review by 27 September 2021. The review may result in changes to this award. For more information go to the Fair Work Commission’s page on the ‘Casual terms award review 2021' 
.
A casual employee can change to full-time or part-time employment at any time if the employer and employee both agree to it.
Pay Overview
Full-time Level Age
Employees must be paid for all hours they work. This includes time spent opening and closing the business, staff meetings and training.
Wages must be paid weekly or fortnightly. Wages are paid on actual hours worked for the week/fortnight or averaged over a fortnight.
Base Rate
| Minimum per hour |
| $Hourly pay rate |
Penalty rates
Evening
10pm - midnight
|
| $Evening work - Monday to Friday - 10pm to midnight |
Evening
Midnight - 6am
|
| $Evening work - Monday to Friday - midnight to 6am |
| Public holidays |
| $Public holiday |
Employees get paid a higher pay rate when they work evenings, weekends or public holidays.
Overtime
| First 2 hours |
| $Overtime - first 2 hours |
| After 2 hours |
| $Overtime - after 2 hours |
| Sunday |
| $Overtime - Sunday |
| Public holiday |
| $Overtime - public holiday |
Full-time employees get overtime rates if they work:
- more than the maximum number of ordinary hours of work (per day or per week)
- before or after their rostered hours.
Pay Overview
Part-time Level Age
Employees must be paid for all hours they work. This includes time spent opening and closing the business, staff meetings and training.
Wages must be paid weekly or fortnightly. Wages are paid on actual hours worked for the week/fortnight or averaged over a fortnight.
Base Rate
| Minimum per hour |
| $Hourly pay rate |
Penalty rates
Evening
10pm - midnight
|
| $Evening work - Monday to Friday - 10pm to midnight |
Evening
Midnight - 6am
|
| $Evening work - Monday to Friday - midnight to 6am |
| Public holidays |
| $Public holiday |
Employees get paid a higher pay rate when they work evenings, weekends or public holidays.
Overtime
| First 2 hours |
| $Overtime - first 2 hours |
| After 2 hours |
| $Overtime - after 2 hours |
| Sunday |
| $Overtime - Sunday |
| Public holiday |
| $Overtime - public holiday |
Part-time employees get overtime rates if they work:
- more than the maximum number of ordinary hours of work (per day or per week)
- outside ordinary hours of work
- outside their agreed times of work
- more than their agreed hours or
- more than any agreed change to their hours of work (either for a specific rostered shift or an ongoing change)*.
*If there isn't a written record of the agreement to change an employee's specific rostered shift, the employee gets overtime rates for any hours outside their regular pattern of work.
Check clauses 12 and 26.2 of the Fast Food Award for full details of when overtime is paid.
Pay Overview
Casual Level Age
Employees must be paid for all of the hours they work. This includes time spent opening and closing the business, staff meetings and training.
Wages should be paid either:
- at the end of each time the employee works, or
- weekly or fortnightly, when the full-time or part-time employees are paid.
Wages are paid on actual hours worked for the week/fortnight or averaged over a fortnight.
Base Rate
| Minimum per hour |
| $Hourly pay rate |
Penalty rates
Evening
10pm - midnight
|
| $Evening work - Monday to Friday - 10pm to midnight |
Evening
Midnight - 6am
|
| $Evening work - Monday to Friday - midnight to 6am |
| Public holidays |
| $Public holiday |
Employees get paid a higher pay rate when they work evenings, weekends or public holidays.
Overtime
| First 2 hours |
| $Overtime - first 2 hours |
| After 2 hours |
| $Overtime - after 2 hours |
| Sunday |
| $Overtime - Sunday |
| Public holiday |
| $Overtime - public holiday |
Casual employees get overtime rates if they work:
- more than 38 hours a week, or 38 hours a week averaged over a roster cycle
- more than 11 hours in a day.
Employment Level Overview
Level 1
| Duties |
| take orders and make sales |
| prepare or cook meals, snacks and/or beverages |
| serve or deliver meals, snacks and/or beverages |
| may perform other related tasks (cleaning, including cleaning of toilets) |
Level 2
| Duties |
| responsible for supervising staff and training new employees |
| or those that have to use trade skills in their day to day job |
Level 3 - in charge of 1 or no persons
| Duties |
| appointed by employer to be in charge of a shop, food outlet or delivery outlet. |
| in charge of 1 or no other persons |
Level 3 - in charge of 2 or more persons
| Duties |
| appointed by employer to be in charge of a shop, food outlet or delivery outlet. |
| in charge of 2 or more persons |
Hours of work
Ordinary hours
| Work hours |
38hrs avg / week
11hrs max / day |
OVERTIME
Employees receive overtime rates whenever they work (one of the following):
| outside of rostered hours |
| more than 38 hours avg. a week over 4 weeks |
| more than 11 hours in a day |
| more than 5 days in a week (6 days if not worked more than 4 days the next week) |
BREAKS
| Hours worked |
Rest break (paid) |
Meal break (unpaid) |
| Less than 4 |
No break |
No break |
| 4 but less than 5 |
1x 10min |
No break |
| 5 but less than 9 |
1x 10min |
1x at least 30mins (up to 60 mins) |
| 9+ |
1 - 2x10min* |
1x* at least 30mins (up to 60mins) |
Most employees must be allowed to take breaks during their shifts. This includes paid rest breaks and unpaid meal breaks.
*One taken in the first half of the work hours and the second taken in the second half of the work hours, two rest breaks will be given unless a second meal break is provided.
Hours of work
Ordinary hours
| Work hours |
Less than 38hrs / week
11hrs max / day |
| Minimum Engagement |
| 3 consecutive hrs, any shift |
OVERTIME
Employees receive overtime rates* whenever they work (one of the following):
| outside agreed part-time hours |
| outside of rostered hours |
| working extra hours on a shift by agreement where no written record of the change has been kept by the employer |
| more than 38 hours avg. a week over 4 weeks |
| more than 11 hours in a day |
| more than 5 days in a week (6 days if not worked more than 4 days the next week) |
Refer to clauses 12 and 26 in the Fast Food Award for more information.
BREAKS
| Hours worked |
Rest break (paid) |
Meal break (unpaid) |
| Less than 4 |
No break |
No break |
| 4 but less than 5 |
1x 10min |
No break |
| 5 but less than 9 |
1x 10min |
1x at least 30mins (up to 60 mins) |
| 9+ |
1 - 2x10min* |
1x* at least 30mins (up to 60mins) |
Most employees must be allowed to take breaks during their shifts. This includes paid rest breaks and unpaid meal breaks.
*One taken in the first half of the work hours and the second taken in the second half of the work hours, two rest breaks will be given unless a second meal break is provided.
Hours of work
Ordinary hours
| Work hours |
| no guaranteed hours of work |
| Minimum Engagement |
| 3 hrs in a row, any shift |
OVERTIME
Employees receive overtime rates whenever they work (one of the following):
| more than 38 hours/week (can be averaged over a roster cycle) |
| more than 11 hours in a day |
BREAKS
| Hours worked |
Rest break (paid) |
Meal break (unpaid) |
| Less than 4 |
No break |
No break |
| 4 but less than 5 |
1x 10min |
No break |
| 5 but less than 9 |
1x 10min |
1x at least 30mins (up to 60 mins) |
| 9+ |
1 - 2x10min* |
1x* at least 30mins (up to 60mins) |
Most employees must be allowed to take breaks during their shifts. This includes paid rest breaks and unpaid meal breaks.
*One taken in the first half of the work hours and the second taken in the second half of the work hours, two rest breaks will be given unless a second meal break is provided.
Allowances
Use our Pay and Conditions Tool to determine what allowances will apply to your specific circumstances.
See Clause 19 of the Award for the full conditions associated with each allowance.
Allowance
| Allowances |
Rate |
| Laundry |
$6.25 per week |
| Meal - overtime |
$13.81 1st meal
$12.47 2nd meal |
| Vehicle |
$0.42 per km (Delivery driver)
$0.80 per km (Others) |
| Cold work |
$0.31 per hour + $0.47 per hour working below 0° Celsius |
| Special clothing |
Reimbursement of cost |
Transport
(starting or finishing after 10pm or before 7am and normal means of transport unavailable) |
Reimbursement of cost |
Working away from usual workplace
(excess fares) |
Reimbursement of excess fares |
Working away from usual workplace
(travel time) |
Payment for excess time spent travelling
Mon to Sat: Min hourly rate
Sun or Public Holiday: Min hourly rate + 50% |
Working away from usual workplace
(excess travel costs) |
Reimbursement of all extra transport costs incurred |
| District allowance - Broken Hill |
$38.50 per week |
| Transfer to another township reimbursement |
Payment of moving expenses |
Allowances
Use our Pay and Conditions Tool to determine what allowances will apply to your specific circumstances.
See Clause 19 of the Award for the full conditions associated with each allowance.
Allowance
| Allowances |
Rate |
| Laundry |
$1.25 per shift |
| Meal - overtime |
$13.81 1st meal
$12.47 2nd meal |
| Vehicle |
$0.42 per km (Delivery driver)
$0.80 per km (Others) |
| Cold work |
$0.31 per hour + $0.47 per hour working below 0° Celsius |
| Special clothing |
Reimbursement of cost |
Transport
(starting or finishing after 10pm or before 7am and normal means of transport unavailable) |
Reimbursement of cost |
Working away from usual workplace
(excess fares) |
Reimbursement of excess fares |
Working away from usual workplace
(travel time) |
Payment for excess time spent travelling
Mon to Sat: Min hourly rate
Sun or Public Holiday: Min hourly rate + 50% |
Working away from usual workplace
(excess travel costs)
|
Reimbursement of all extra transport costs incurred |
| District allowance - Broken Hill |
$38.50 per week |
| Transfer to another township reimbursement |
Payment of moving expenses |
Allowances
Use our Pay and Conditions Tool to determine what allowances will apply to your specific circumstances.
See Clause 19 of the Award for the full conditions associated with each allowance.
Allowance
| Allowances |
Rate |
| Laundry |
$1.25 per shift |
| Meal - overtime |
$13.81 1st meal
$12.47 2nd meal |
| Vehicle |
$0.42 per km (Delivery driver)
$0.80 per km (Others) |
| Cold work |
$0.31 per hour + $0.47 per hour working below 0° Celsius |
| Special clothing |
Reimbursement of cost |
Transport
(starting or finishing after 10pm or before 7am and normal means of transport unavailable) |
Reimbursement of cost |
Working away from usual workplace
(excess fares) |
Reimbursement of excess fares |
Working away from usual workplace
(travel time) |
Payment for excess time spent travelling
Mon to Sat: Min hourly rate
Sun or Public Holiday: Min hourly rate + 50% |
Working away from usual workplace
(excess travel costs) |
Reimbursement of all extra transport costs incurred |
| District allowance - Broken Hill |
$38.50 per week |
| Transfer to another township reimbursement |
Payment of moving expenses |
Leave
Pandemic leave
* Employees can access up to 2 weeks’ unpaid pandemic leave (or more by agreement with their employer) if they're prevented from working:
- as a result of being required to self-isolate by government or medical authorities, or acting on the advice of a medical practitioner, or
- by measures taken by government or medical authorities in response to the pandemic (for example, an enforceable government direction restricting non-essential businesses).
Find more information, including when and how this leave applies at Unpaid pandemic leave in awards.
ANNUAL LEAVE
| Leave (Paid) |
| 4 weeks per year + LOADING |
| shiftworkers* Leave (Paid) |
| 5 weeks per year + LOADING |
Any unused annual leave will roll over from year to year.
Annual leave loading is the greater amount of either:
- 17.5% of the employee's base pay rate or
- the weekend penalty rates the employee normally gets.
* 7 day shiftworkers are employees who are:
- employed in a business where shifts are continuous 24 hours a day for 7 days a week and are regularly rostered to work those shifts, and
- regularly rostered to work on Sundays and public holidays.
To calculate leave amounts, use our Leave Calculator
SICK/CARER'S LEAVE
| Sick/Carer's leave (Paid) |
| 10 days each year* |
| Carer's leave (Unpaid) |
| 2 days per occasion** |
* The balance at the end of each year carries over to the next year.
** Used any time an immediate family member or household member needs care and support due to illness, injury or an unexpected emergency.
Employees must use their paid sick/carer’s leave before they can take unpaid carer’s leave.
To calculate leave amounts, use our Leave Calculator
PUBLIC HOLIDAYS
Paid time off when an ordinary work day falls on a public holiday.
COMPASSIONATE LEAVE
Used on each occasion where an immediate family or household member dies or suffers a life threatening illness or injury.
FAMILY AND DOMESTIC VIOLENCE LEAVE
Leave
Pandemic leave
* Employees can access up to 2 weeks’ unpaid pandemic leave (or more by agreement with their employer) if they're prevented from working:
- as a result of being required to self-isolate by government or medical authorities, or acting on the advice of a medical practitioner, or
- by measures taken by government or medical authorities in response to the pandemic (for example, an enforceable government direction restricting non-essential businesses).
Find more information, including when and how this leave applies at Unpaid pandemic leave in awards.
ANNUAL LEAVE
| Leave (Paid) |
| 4 weeks per year (pro rata) + LOADING |
| Shiftworkers* Leave (Paid) |
| 5 weeks per year (pro rata) + LOADING |
Any unused annual leave will roll over from year to year.
Annual leave loading is the greater amount of either:
- 17.5% of the employee's base pay rate or
- the weekend penalty rates the employee normally gets.
* 7 day shiftworkers are employees who are:
- employed in a business where shifts are continuous 24 hours a day for 7 days a week and are regularly rostered to work those shifts, and
- regularly rostered to work on Sundays and public holidays.
To calculate leave amounts, use our Leave Calculator
SICK/CARER'S LEAVE
| Sick/Carer's leave (Paid) |
| 10 days each year (pro rata)* |
| Carer's leave (Unpaid) |
| 2 days per occasion** |
* The balance at the end of each year carries over to the next year.
** Used any time an immediate family member or household member needs care and support due to illness, injury or an unexpected emergency.
Employees must use their paid sick/carer’s leave before they can take unpaid carer’s leave.
PUBLIC HOLIDAYS
Paid time off when an ordinary work day falls on a public holiday.
COMPASSIONATE LEAVE
Used on each occasion where an immediate family or household member dies or suffers a life threatening illness or injury.
FAMILY AND DOMESTIC VIOLENCE LEAVE
Leave
Pandemic leave
* Employees can access up to 2 weeks’ unpaid pandemic leave (or more by agreement with their employer) if they're prevented from working:
- as a result of being required to self-isolate by government or medical authorities, or acting on the advice of a medical practitioner, or
- by measures taken by government or medical authorities in response to the pandemic (for example, an enforceable government direction restricting non-essential businesses).
Find more information, including when and how this leave applies at Unpaid pandemic leave in awards.
SICK/CARER'S LEAVE
| Carer's leave (Unpaid) |
| 2 days per occasion * |
* Used any time an immediate family member or household member needs care and support due to illness, injury or an unexpected emergency.
PUBLIC HOLIDAYS
* No entitlement to paid public holidays not worked.
COMPASSIONATE LEAVE
Used on each occasion where an immediate family or household member dies or suffers a life threatening illness or injury.
FAMILY AND DOMESTIC VIOLENCE LEAVE
NOTICE OF TERMINATION
A notice period is the time that an employee or employer has to give before ending employment. This applies when the employee resigns, or if they are dismissed or made redundant.
NOTICE PERIOD
Period of continuous
service |
Minimum notice
period |
| 1 year or less |
1 week |
| More than 1 year - 3 years |
2 weeks |
| More than 3 years - 5 years |
3 weeks |
| More than 5 years |
4 weeks |
Note: For employees over 45 with at least 2 years of continuous service, the employer must add an extra week of notice (to the above table).
An employer can let the employee work through their notice period, pay it out to them (also known as pay in lieu of notice), or give a combination of the two.
To calculate notice periods, use our Notice and Redundancy Calculator .
FINAL PAY
Employees get the following in their final pay:
| outstanding wages for hours worked, including penalty rates and allowances |
| any accumulated annual leave (including payment of annual leave loading) |
| accrued or pro rata long service leave (if applicable) |
| payment in lieu of notice (if applicable) |
| redundancy pay (if applicable) |
Sick and carer’s leave is not paid out when employment ends.
To calculate redundancy pay, use our Notice and Redundancy Calculator .
To calculate leave amounts owing, use our Leave Calculator .
WITHHOLDING MONEY FROM FINAL PAY
Employers can deduct up to one week's wages from an employee's pay if:
- the employee is over 18
- the employee hasn't given the right amount of notice under their award
- the deduction isn't unreasonable.
Employers can only deduct pay from wages owed under the award. They can't deduct from other entitlements owed to the employee, such as accumulated leave.
Find out more about notice and final pay .
NOTICE OF TERMINATION
A notice period is the time that an employee or employer has to give before ending employment. This applies when the employee resigns, or if they are dismissed or made redundant.
NOTICE PERIOD
Period of continuous
service |
Minimum notice
period |
| 1 year or less |
1 week |
| More than 1 year - 3 years |
2 weeks |
| More than 3 years - 5 years |
3 weeks |
| More than 5 years |
4 weeks |
Note: For employees over 45 with at least 2 years of continuous service, the employer must add an extra week of notice (to the above table).
An employer can let the employee work through their notice period, pay it out to them (also known as pay in lieu of notice), or give a combination of the two.
To calculate notice periods, use our Notice and Redundancy Calculator .
FINAL PAY
Employees get the following in their final pay:
| outstanding wages for hours worked, including penalty rates and allowances |
| any accumulated annual leave (including payment of annual leave loading) |
| accrued or pro rata long service leave (if applicable) |
| payment in lieu of notice (if applicable) |
| redundancy pay (if applicable) |
Sick and carer’s leave is not paid out when employment ends.
To calculate redundancy pay, use our Notice and Redundancy Calculator .
To calculate leave amounts owing, use our Leave Calculator .
WITHHOLDING MONEY FROM FINAL PAY
Employers can deduct up to one week's wages from an employee's pay if:
- the employee is over 18
- the employee hasn't given the right amount of notice under their award
- the deduction isn't unreasonable.
Employers can only deduct pay from wages owed under the award. They can't deduct from other entitlements owed to the employee, such as accumulated leave.
Find out more about notice and final pay .
NOTICE OF TERMINATION
NOTICE PERIOD
| Minimum notice period |
| N/A |
Notice periods don't apply to casual employees. This includes when an employee resigns or if they are terminated for any reason.
FINAL PAY
Employees get the following in their final pay:
| outstanding wages for hours worked, including penalty rates and allowances |
Looking for Apprentice or trainee rates? Use our Pay Calculator to calculate the rates you need. Apprentices and trainees are employees who have a formal training contract with their employer. Learn more about apprentice and trainee entitlements .
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