I'm not sure which award covers my business
Learn how to find the right award for your business so you can understand your obligations.
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What is an award
AwardsAn award is a legal document that outlines the wages and conditions of employment for employees that are covered by it within a particular industry or occupation. Other known term: modern award. are legal documents that outline minimum pay rates and conditions of employment.
The award that applies to an employer and their employees depends on the industry they work in and the type of job they do. Every award has information about who it covers.
You can learn more at About awards.
Find your award
Which award applies to the business will depend on the:
- main industry of your business
- duties your employees perform.
To find your award, you can:
- check our List of awards
- use our Pay and Conditions tool
- check what each award covers at Award summaries.
Sometimes it’s not clear which award is the right one. For example, there are several awards that can cover a business that serves food, such as the Hospitality Award, the Restaurant Award, or the Fast Food Award. It’s important to read the award closely to work out which award is the most appropriate.
You can work out which award applies to you by checking:
- the award’s coverage information and any exclusions (usually clause 4)
- the job classifications (check the classification schedule at the end of the award).
To learn more on how to read and apply job classifications, go to Award classifications.
You can also search for award specific information in our Library.
Example: Find out which award applies
Gerard runs a café that has seating for customers and a takeaway service. He’s not sure if he’s covered by the Restaurant Award or the Fast Food Award.
Gerard reads the coverage information and definitions in both awards.
The Fast Food Award says it covers businesses that sell food that is primarily consumed away from the business where it is purchased. While Gerard does offer some takeaway service, most of his business is made up of customers who sit and eat at his café.
He reads the Restaurant Award and can see that the definition of ‘restaurant industry’ includes cafés. Gerard is confident his business is covered by the Restaurant Award.
Tip: Subscribe to get alerts about award changes
Award rates usually increase each year and the Fair Work Commission can vary an award at any time.
You can keep informed about changes that affect your business at Subscribe to our email updates.
Employment contracts
If an award or agreement applies and your employees have individual employment contracts, the award or agreement will still apply in addition to the contract. Learn more at Employment contracts.
When more than one award applies to your business
An award that covers your business may not cover all of your employees, especially if you have different operations and roles in the business. If the award has no classification for your employee, they may be covered by another award.
For example, a construction business that hires carpenters covered by the Building and Construction Award may also have office staff covered by the Clerks Award.
The award that applies will depend on:
- your business’s industry
- any exclusions listed in the award
- which classification is the best match for the work your employee does and the industry they work in.
Tip: Award coverage for an occupation
If your award has no classification for your employee, look for an award that covers your employee’s occupation. An example of an occupation award is the Clerks Award or the Nurses Award.
You can learn more at Award classifications.
Example: If more than one award applies to a business
Helena owns a gardening business. She wants to find out which award applies to her business so she can make sure that she’s paying her employees the right entitlements.
She looks for an award that covers her industry and finds the Gardening and Landscaping Award. She checks the award for:
- coverage information, and
- job classifications.
Helena checks the award’s definition of the gardening and landscaping industry and reviews the listed activities. She confirms her business falls within this industry and is covered by the award.
Helena also employs administration staff to take phone bookings, manage her calendar, and to talk to clients. She checks the rest of the award’s coverage, but administration and clerical staff aren’t covered.
After searching for an award that applies to administration staff, Helena finds the Clerks Award. She checks the coverage information. She confirms that the Clerks Award:
- includes coverage for administration staff
- doesn’t exclude coverage for employers covered by the Gardening and Landscaping Award.
Now that Helena has checked the Gardening and Landscaping Award and has found that administration staff aren’t covered, she is confident that two awards apply to her business:
- the Gardening and Landscaping Award for her gardening employees
- the Clerks Award for her administration staff.
When no award applies
If an employee isn’t covered by your industry award or an occupation award, they may be:
- covered by the Miscellaneous Award, or
- award or agreement free.
Employees whose job or industry has no award coverage, are still entitled to be paid the National Minimum Wage. Their employment is also still covered by the National Employment Standards.
If you’ve followed all the steps above and you’re still unsure if an award applies to your business, it’s best to check with us.
Support for businesses
Our Employer Advisory Service (EAS) provides free tailored written advice on pay and entitlement issues to eligible small businessesA small business employer is an employer with fewer than 15 employees at a particular time. If an employer has 15 or more employees at a particular time, they are no longer a small business employer. When counting the number of employees, employees of associated entities of the employer are included. Casual employees are not included unless engaged on a regular and systematic basis. .
The service helps you to understand and comply with pay and entitlement obligations under awards and the Fair Work Act. To access their service, visit Employer Advisory Service.
If you’re a member of an employer association you can also seek help from them directly.
Tools and resources
- An employer's guide to fixing workplace problems An employer's guide to fixing workplace problems
- Pay and Conditions Tool
- Employer Advisory Service