Based on what you've told us, it looks like you're covered by the Restaurant Industry Award [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 has to be:
- at least 125% of the minimum weekly wage an employee would have been paid over a year
- high enough to cover the penalties and overtime the employee would receive if they were paid by the week.
Annual leave loading and allowances can’t be included in the annual salary under this award.
Employees paid an annual salary have to get a minimum of 8 days off per 4-week cycle. If they work on a public holiday, they have to be given the equivalent amount of paid time off or have the amount of time worked added to their annual leave.
Review of annual salary
Employers have to review an employee’s annual salary after each year. If the employee leaves work before completing a year, the salary has to be reviewed for the period of the year that they 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 have to keep a record of the hours the employee worked every week for the review. This needs to be signed by the employee.
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.
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 [MA000119] clause 20