Based on what you've told us, it looks like you're covered by the Restaurant Industry Award 2010 [MA000119].
Full-time or part-time employees can agree to be paid an annual salary instead of a weekly or hourly award pay rate.
Minimum annual salary payment
An annual salary must be:
Annual leave loading and most allowances can’t be included in the annual salary under this award.
Employees paid an annual salary must get a minimum of eight days off per four-week cycle. If they work on a public holiday, they must be given another paid day off or have another day added to their annual leave.
Review of annual salary
An employee’s annual salary must be reviewed after each year. If the employee leaves work before completing a year, the salary must be reviewed for the period worked.
The review is to make sure that the employee was paid enough to cover the minimum weekly wage and the included award entitlements.
Employers must keep a weekly record of the employee hours for the review.
If the annual salary paid was not enough to cover the minimum award entitlements, the employer must pay the employee the difference.
Check the Restaurant Award for all entitlements for employees who are paid a salary.
Use the Annual salary agreement – Restaurant Award template (DOC 54KB) to record the details of an agreed annual salary.
Restaurant Industry Award resources
We’ve made it easier for you to find information about your pay and entitlements under the Restaurant Industry Award. For more tailored information about your Award, visit our interactive tool.
We've got new and improved templates to help people in the Restaurant Industry. Try our interactive template tools.
To find out more about who this award applies to, go to the Restaurant Award summary.
Source reference: Restaurant Industry Award 2010 [MA000119] clause 28