Fast Food Industry Award

A Full Federal Court decision handed down on 21 August 2019 confirmed the method of accruing and taking paid personal/carer’s leave under the National Employment Standards. The information on this page has been updated to reflect this decision. Find out more about this decision.

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 opens new tab to help determine if this award applies or check using our Find my award opens new tab tool.

Employment Status Overview

Full-time

Average hours/week
38 hours
Position
status
Ongoing employment
Notice of termination
Receive
Paid annual leave
Receive
Paid sick
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 sick
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). 

*Based on their work hours.

Casual

Average hours/week
No guaranteed hours
Usually irregular
Position
status
Have the right to request casual conversion*
Notice of termination
N/A
Paid annual leave
N/A
Paid sick
leave
N/A
Paid carer's leave
N/A

* Casual employees are entitled to ask to change to full-time or part-time employment when they have worked a regular pattern of hours over a period of at least 12 months and they could continue to work those hours as a full-time or part-time employee without significant changes.

Check clause 13.5 of the Award for full details of when a casual can request casual conversion.

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
Saturday work
$Saturday
Sunday work
$Sunday
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
Saturday work
$Saturday
Sunday work
$Sunday
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
Saturday work
$Saturday
Sunday work
$Sunday
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
Split shifts
Not allowed

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
Split shifts
Not allowed
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 opens new tab to determine what allowances will apply to your specific circumstances.

See Clause 19 of the Award opens new tab for the full conditions associated with each allowance.

Allowance

Allowances Rate
Laundry $6.25 per week
Meal - overtime $13.32 1st meal
$12.03 2nd meal
Vehicle $0.41 per km (Delivery driver)
$0.78 per km (Others)
Cold work  $0.30 per hour + $0.45 per hour working below 0° Celsius
Special clothing Reimbursement of cost
Transport
(starting or finishing after 10pm or before 7 am 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 $36.92 per week
Transfer to another township reimbursement Payment of moving expenses

Allowances

Use our Pay and Conditions Tool opens new tab to determine what allowances will apply to your specific circumstances.

See Clause 19 of the Award opens new tab for the full conditions associated with each allowance.

Allowance

Allowances Rate
Laundry $1.25 per shift
Meal - overtime $13.32 1st meal
$12.03 2nd meal
Vehicle $0.41 per km (Delivery driver)
$0.78 per km (Others)
Cold work $0.30 per hour + $0.45 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 traveling
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 $36.92 per week
Transfer to another township reimbursement Payment of moving expenses

Allowances

Use our Pay and Conditions Tool opens new tab to determine what allowances will apply to your specific circumstances.

See Clause 19 of the Award opens new tab for the full conditions associated with each allowance.

Allowance

Allowances Rate
Laundry $1.25 per shift
Meal - overtime $13.32 1st meal
$12.03 2nd meal
Vehicle $0.41 per km (Delivery driver)
$0.78 per km (Others)
Cold work $0.30 per hour + $0.45 per hour working below 0° Celsuis
Special clothing Reimbursement of cost
Transport
(starting or finishing after 10pm or before 7 am 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 $36.92 per week
Transfer to another township reimbursement Payment of moving expenses

Leave

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 opens new tab

 

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 opens new tab

 

PUBLIC HOLIDAYS

Leave (Paid)
receive

Paid time off when an ordinary work day falls on a public holiday.

COMPASSIONATE LEAVE

Leave (Paid)
2 days

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 (Unpaid)
5 days each year*

* Find out about Taking family and domestic violence leave opens new tab and Notice and evidence requirements opens new tab.

 

Leave

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 opens new tab

 

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.

 

PUBLIC HOLIDAYS

Leave (Paid)
receive

Paid time off when an ordinary work day falls on a public holiday.

COMPASSIONATE LEAVE

Leave (Paid)
2 days

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 (Unpaid)
5 days each year*

* Find out about Taking family and domestic violence leave opens new tab and Notice and evidence requirements opens new tab.

 

Leave

ANNUAL LEAVE

Leave (Paid)
N/A

SICK/CARER'S LEAVE

Sick leave (Paid)
N/A
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

Leave (Paid)
N/A*

* No entitlement to paid public holidays not worked.

COMPASSIONATE LEAVE

Leave (Unpaid)
2 days

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 (Unpaid)
5 days each year*

* Find out about Taking family and domestic violence leave opens new tab and Notice and evidence requirements opens new tab.

 

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 opens new tab.

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 opens new tab.

To calculate leave amounts owing, use our Leave Calculator opens new tab.

 

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 opens new tab.

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 opens new tab.

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 opens new tab.

To calculate leave amounts owing, use our Leave Calculator opens new tab.

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 opens new tab.

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 opens new tab 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 opens new tab.

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