Hospitality Industry (General) Award Summary [MA000009]

The Hospitality Award is designed to cover employers and their employees in the hospitality industry. It covers a wide range of job roles including chefs, wait staff, front office and maintenance employees. 

Disclaimer: The information provided in this document is general in nature and is not intended to substitute for professional advice. If you are unsure about how this document applies to your specific situation we recommend you contact Employment Hero for advice. The information in this summary is correct as of 1 November 2025.

Who does this Award cover?

The Award covers employers and employees working in the “hospitality industry”, the Award defines this as:

• All types of tourist or residential accommodation including hotels, motor inns, motels, boarding establishments, health or recreational farms, ranches, hostels, serviced apartments, resorts and caravan parks
• Bars and pubs
• Caterers
• Casinos
• Nightclubs, function areas, convention facilities and restaurants that are connected with an employer covered by the Hospitality Award (e.g. a restaurant or a nightclub at a hotel, as opposed to a stand-alone nightclub or restaurant).

The Award does not generally cover:

• Clubs registered or recognised under State or Territory legislation (such as an RSL)
• Businesses covered by the Fast Food Industry Award 2010, the Registered and Licensed Clubs Award 2010, or the Restaurant Industry Award 2020
• Boarding schools, residential colleges, hospitals, orphanages, councils or local government bodies, catering by a restaurant business or aged care facility, theme parks, in-flight catering businesses or roadhouses that sell petrol
• Contract security, gardening or maintenance work provided by a business that isn’t primarily in the hospitality industry.

Classifications

The Award sets out a classification structure that defines the tasks that employees perform at different skill levels in Schedule A – Classification Definitions. Each classification has a corresponding minimum rate of pay. 

Specific classification levels require an employee to have obtained the “appropriate level of training” even if they are performing the duties of a more responsible role. 

The “appropriate level of training” means the employee must either have a relevant qualification or have been formally assessed by a qualified skills assessor as having equivalent skills (although there are different rules for employees that were in their roles as at 30 June 2010 – which will be rare). 

In other words, an employee can’t be classified at a level where an appropriate level of training is required, unless they have completed this training. This is regardless of the duties the employee performs.

The Award also states that the minimum classification level for an employee who has completed AQF Certificate III or higher qualifications relevant to the classification in which they are employed and who makes use of skills and knowledge derived from Certificate III competencies relevant to the work undertaken is Level 4.

Casino Gaming Employees may also have the “appropriate level of training” by completing training to the standard required and imposed by the relevant statutory gaming licensing authority.

There is a special level for managerial staff in hotels.

We set out below, a general summary of the classifications across the range of streams within the Award.

Introductory Level

This level applies to new employees who have no previous hospitality industry experience and are not yet able to demonstrate the skills and competencies required for Level 1 duties.

• The Introductory Level may apply for a maximum of three months, during which the employee receives on-the-job training and supervision.
• At the end of this period, the employee must progress to Level 1, unless the employer and employee mutually agree that additional training is required.
• Where such agreement is made, the Introductory Level may be extended for up to a further three months to allow the employee to achieve the necessary competency.

Food & Beverage Stream

Note: Junior employees who are involved in supplying, dispensing, or serving liquor must be paid at least the adult rate of pay, with a minimum classification of Level 2.

Grade	Wage Level	Duties
Food & Beverage Attendant 1	1	Picking up glasses; emptying ashtrays; general assistance to higher graded attendants (no customer service); removing plates; setting/wiping tables; cleaning & tidying areas.
Food & Beverage Attendant 2	2	Not achieved the appropriate level of training. Duties include: supplying/dispensing/mixing liquor (including bottle dept. sales); cellar/bottle dept. assistance; general waiting duties including table cleaning; receiving money; snack‑bar attendance; deliveries; reservations, greeting & seating.
Food & Beverage Attendant 3	3	All Grade 2 tasks plus: operating mechanical lifting device; attending wagering/electronic gaming terminals; full cellar/liquor store control; mixing sophisticated drinks; training & supervising lower grades.
Food & Beverage Attendant 4 (Tradesperson)	4	Apprenticed/trade tested waiter performing specialised skilled duties in a fine dining room/restaurant.
Food & Beverage Supervisor	5	Has the appropriate level of training (including a supervisory course); responsible for supervision, training & coordination of staff or bar stock control.

 Kitchen Stream

Grade	Wage Level	Duties
Kitchen Attendant 1	1	General kitchen/scullery cleaning; assisting cooks; assembling/preparing ingredients; pantry duties.
Kitchen Attendant 2	2	Has the appropriate level of training. Performs specialised non-cooking kitchen duties or supervision of kitchen attendants.
Kitchen Attendant 3	3	Has the appropriate level of training (including a supervisory course); supervises, trains & coordinates lower kitchen attendants.
Cook 1	2	Cooking breakfasts & snacks, baking, pastry cooking or butchering.
Cook 2	3	Has the appropriate level of training and is a cook performing baking, pastry cooking or butchering.
Cook 3 (Tradesperson)	4	Commis chef (apprenticed/trade tested) and is engaged in cooking/baking/pastry/butchering.
Cook 4 (Tradesperson)	5	Demi chef (apprenticed/trade tested); general/specialised cooking etc. or supervises & trains others.
Cook 5 (Tradesperson)	6	Chef de partie (apprenticed/trade tested); general/specialised duties, ordering & stock control, or supervising kitchen in a single kitchen venue.

Guest Services Stream

Grade	Wage Level	Duties
Guest Service 1	1	Laundry/linen (minor repairs); guest dry clean/laundry collection; general cleaning; parking cars.
Guest Service 2	2	Has not achieved the appropriate level of training. Duties include: servicing rooms; door/porter duties; driving courtesy bus; baggage transfer; dry clean assistance; specialised cleaning; butler services.
Guest Service 3	3	Has the appropriate level of training. Supervises lower grades; butler services; major linen repairs/tailoring; dry cleaning.
Guest Service 4 (Tradesperson)	4	Apprenticed/trade tested/ has the appropriate level of training. Dry cleaner/tailor or butler.
Guest Service Supervisor	5	Has the appropriate level of training including a supervisory course; supervises, trains and coordinates housekeeping dept.
Front Office 1	2	Front office assistant; night audit; telephonist; receptionist; cashier; info/reservations.
Front Office 2	3	Has the appropriate level of training.Telephonist/receptionist/cashier etc.
Front Office 3	4	Has the appropriate level of training. Assists training & supervision of lower front office grades.
Front Office Supervisor	5	Has the appropriate level of training (including a supervisory course); supervises, trains & coordinates front office.

 Administration Stream

Grade	Wage Level	Duties
Clerical 1	2	Basic clerical: collating, filing, photocopying, message delivery.
Clerical 2	3	General clerical: typing, filing, data entry, basic calculating.
Clerical 3	4	Has the appropriate level of training; advanced office & keyboard skills, switchboard, PC applications, records, shorthand (70 wpm), travel bookings, basic accounts.
Clerical Supervisor	5	Has the appropriate level of training (including a supervisory course); coordinates clerical staff.

 Security Stream

Grade	Wage level	Duties
Doorperson/Security 1	2	Assists with dress standards & order.
Timekeeper/Security 2	3	Employee timekeeping, key security, vehicle check‑in/out, supervision of grade 1.

 Leisure Activities Stream

Grade	Wage Level	Duties
Leisure Attendant 1	2	Assistant instructor/pool attendant; equipment setup & care; bookings.
Leisure Attendant 2	3	Has the appropriate level of training; conducts classes or directs leisure activities (sport areas, health clubs, pools).
Leisure Attendant 3	4	Has the appropriate level of training; plans/coordinates leisure programs; may supervise others.

 Stores Stream

Grade	Wage Level	Duties
Storeperson 1	2	Receives & stores goods; cleans store.
Storeperson 2	3	Grade 1 plus: operates lifting equipment or performs more complex tasks.
Storeperson 3	4	Has the appropriate level of training; quality control; manages store area; supervises >10 storepersons; inventory, reporting & liaison.

 Maintenance & Trades (non‑cooking)

Role / Grade	Wage Level	Duties
Handyperson	3	Routine repairs & maintenance on premises.
Forklift Driver	3	Licensed; drives forklift exclusively (partial operators paid Level 3 rate).
Gardener 1	2	Basic grounds keeping, mowing, weeding, watering, vehicle use, prep for play areas.
Gardener 2	3	Grade 1 plus minor equipment maintenance, turf tasks, chemical application (under supervision), records, supervision.
Gardener 3 (Tradesperson)	4	Trade qualified; operates/maintains machinery, applies chemicals, turf prep, vehicle repairs, training.
Gardener 4 (Tradesperson)	5	Has the appropriate level of training, at trade or equivalent level together with supervisory/specialist modules; supervises tradespersons, budgeting, management liaison.

Managerial Staff (Hotels)

This classification only applies to managers working in hotels. Employees at this level can be paid an all-inclusive salary instead of overtime, penalty rates, etc – see further below.

In a General Hotel, this classification is commonly known as an assistant manager. In an Accommodation Hotel, this classification may include any of the following positions: duty manager; assistant food and beverage manager; assistant rooms division manager; assistant front office manager or equivalent position.

To be at this level the employee must have completed an appropriate level of training in business management or have relevant industry experience, including in supervising employees in one or more areas of a hotel.

An employee at this level is:

• under the direction of senior management is required to manage and co-ordinate the activities of a relevant area or areas of the hotel; and
• directs staff to ensure they carry out their duties in the relevant area or areas of the hotel; and
• implements policies, procedures and operating systems for the hotel.

The following roles are to senior for the Award and are not covered by this level and instead will generally be award-free: 

• an employee who is employed to undertake the duties of senior management or is responsible for a significant area of the operations of one or more hotels. Indicative position titles for such an employee include:
  • company secretary;
  • chief accountant;
  • personnel or human resources manager;
  • financial controller;
  • industrial relations manager;
  • venue manager;
  • general/hotel manager;
  • executive assistant manager;
  • regional manager; or
  • a manager to whom any of those positions report or are responsible.

This classification also does not apply to:

• a hotel manager who is an employee of a proprietary or private company (within the meaning of the Corporations Law) and who holds a sufficient number of shares to entitle them to voting control at general meetings of the company; or
• a hotel manager who is the senior partner of a partnership or who has at least 49% of that partnership; or
• a parent, spouse or de facto partner, son or daughter of a hotel manager.

 Casino Gaming Stream

General definitions

• Cage function: front window cashiering, bank cashier, premium group settlements/buy-ins.
• Cashier function: includes supervision of lower graded employees.
• Casino table game: table style game (including those that are electronic aided).
• Major game: requires ≥80 hrs formal training to deal.

Casino Table Gaming

Grade	Wage Level	Duties
Gaming 1	2	Has the appropriate level of training and deals one major game.
Gaming 2	3A	Has the appropriate level of training and deals two major games.
Gaming 3	5	Has the appropriate level of training and deals three major games.
Gaming 4	6	Non managerial inspector ensuring procedures & standards (NB an employee not appointed to this level but performing any of these duties will be entitled to the benefits of clause 22 of the Award which deals with higher‑duties).

Casino Electronic Gaming

Grade	Wage Level	Duties
Electronic 1	1	Has the appropriate level of training. Provides loyalty/promotion info; explains gaming machines.
Electronic 2	2	Has the appropriate level of training. Explains machines; provides pay‑outs & carries out minor fixes; sells/redeems & conducts network games (Keno, TAB etc.).

 Casino Finance Stream

Grade	Wage Level	Duties
Finance 1	2	Count functions (hard/soft count); shuffle/prep/destruction of cards, dice etc.
Finance 2	3	Change booth duties; supervises grade 1; counts change, sells/redeems e‑gaming tickets.
Finance 3	4	Grade 2 duties and verifies floats/machines, trains lower grades, or performs one cage function.
Finance 4	5	Performs two cage cashier functions or revenue audit clerk.
Finance 5	6	Performs more than two cage cashier functions.

 Casino Equipment Technicians

Grade	Wage Level	Duties
Tech 1	2	Has the appropriate level of training; repairs/installs non‑electronic gaming equipment; assists higher grades.
Tech 2	3	Tradesperson who has the appropriate level of training; repairs/installs electronic gaming equipment under supervision.
Tech 3	4	Has the appropriate level of training; independently installs/maintains/modifies/tests electronic/mechanical gaming equipment; may supervise lower grades.

 Casino security

Role / Grade	Wage Level	Duties
Customer Liaison Officer	2	Licensed; door/area attendant enforcing dress/entry/behaviour rules.
Security Officer 1	3	Licensed; routine security, guarding, alarm/incidents.
Security Officer 2	4	Grade 1 duties plus cash escort & soft drop duties; includes trainee surveillance officer (first 6 months).
Surveillance Operator	6	Monitors casino via electronic surveillance systems: operates systems, reacts to signals, co‑ordinates security officers.

Types of employment

The Award allows for three basic types of employment.

Full-time	An employee who is engaged to work an average of 38 ordinary hours per week. For further details on rostering requirements including notice periods for rosters, maximum daily shifts and other work-pattern considerations, please see clause 15 of the Award.
Part-time	A part-time employee must work at least 8 and fewer than 38 ordinary hours per week (or, where a roster cycle is in place, an average of at least 8 and fewer than 38 hours per week over the roster cycle). They must also have reasonably predictable hours of work.  The minimum engagement is 3 hours per day and they must have at least two days off per week. Part-time employees must have a written agreement that includes the number of hours the employee is guaranteed to be given each week or roster cycle, and the employee’s availability periods including days and times. For example, a part-time employee might have 10 guaranteed hours per week. Their availability might be Mondays, Tuesdays and Wednesdays between 7:00 am and 7:00 pm. This means they must be rostered for at least 10 hours per week during theseperiods. They can generally be rostered for additional hours within these periods without the need to pay overtime rates (see further below). Changes to the guaranteed hours can only be made by written agreement with the employee.  An employee may alter their agreed availability only due to a genuine and ongoing change in personal circumstances, by providing 14 days’ written notice. If the employer cannot reasonably accommodate the change, the employee’s original guaranteed hours will cease to apply. The parties must then agree on a new set of guaranteed hours in writing.  If a part-time employee has regularly worked ordinary hours in excess of their guaranteed hours for at least 12 months, they have a right to make a written request to increase those hours. Where an agreement is reached, the variation must be recorded in writing before the changes take effect.  The employer may only refuse such requests based on reasonable business grounds and must provide the employee with written notice of the refusal, including the details of the grounds
Casual	A casual employee does not have a firm advance commitment to ongoing work. They are paid a 25% casual loading in addition to the ordinary hourly rate.  A casual employee must be engaged for a minimum of 2 consecutive hours of work on each occasion they are required to attend work. A casual employee must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.

Casual conversion

From 26 February 2025, the process for casual conversion changed so that employees (not employers) are responsible for initiating conversion to permanent employment. Casual employees will be able to request conversion in writing if they have been employed for at least 6 months (or 12 months for small businesses with less than 15 employees) and believe they no longer meet the definition of a casual employee. That might occur because, for example, there is an expectation of ongoing work and they are working regular hours, etc. See our guide on casual conversion here. 

Fair Work Information Statement

Employers must provide all employees with a copy of the Fair Work Information Statement before, or as soon as possible after, the employee has started their new job. 

Casual Employment Information Statement

Casual employees must also be provided with a copy of the Casual Employment Information Statement.

Annualised salary arrangements, other than managerial staff in hotels

An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage. 

The annualised wage must be at least 25% more than the minimum weekly rate for the employee’s classification multiplied by 52. Once the annualised wage agreement is in place, it may cover one or more of the Award provisions listed in the clause. 

For example, the employer will not have to pay penalty rates (such as when an employee works in the evening, or on the weekend) and overtime rates (such as when an employee works over 38 ordinary hours in a week), as well as various allowances and annual leave loading. The employee will also not be entitled to the benefit of the additional public holiday provisions for full-time employees outlined within the Award. There are certain exemptions to what the annualised salary cannot cover, which are set out in the Award.

The agreement must include outer limits for the maximum number of hours that may be worked without additional payment. The outer limits in any roster cycle of up to four weeks are:

• an average of 18 ordinary hours which would attract a penalty rate per week, (excluding any hours worked from 7pm to midnight); and/or
• an average of 12 overtime hours per week in excess of ordinary hours.

If an employee works hours in excess of these limits, those excess hours are not covered by the annualised wage and must be separately paid at the applicable Award rate.

Each annualised wage agreement must be in writing and specify:

• The annualised wage amount;
• Which Award provisions are covered by the wage; and
• The outer limit number of hours for penalty-rate work and overtime that may be required before extra payment is needed.

An employee (or an employer) is entitled to terminate an annualised wage arrangement by providing 12 months’ notice (or at any time by mutual agreement). Once terminated, the employee must be paid in accordance with the Award for each hour worked.

A record of all hours worked (including start and finish times and unpaid breaks) must be kept by the employer. The employee must acknowledge in writing (including electronically) that the records are correct for each pay period or roster cycle.

Each 12 months from commencement of the arrangement – or upon termination of employment – the employer must compare the total pay under the arrangement to what the employee would have earned under the Award. If there is a shortfall, the employer must pay it within 14 days.

Even if employees only ever work within the new outer limits, the 25% buffer paid on top of the minimum wage is unlikely to meet all their Award entitlements if they regularly work on weekends and perform some overtime. Therefore, it is likely that most employees will be entitled to additional payments as part of the annual reconciliation. Employers should calculate appropriately to minimise the likelihood of shortfalls.

Annualised salaries, managerial staff in hotels

Different rules apply to employees classified as “Managerial Staff (Hotels)” (see definition set out above).

The annual salary provisions for these employees allow an employer to choose (the employee does not have to agree) to pay an annual salary of at least 125% of the minimum annual salary for employees at this level.

The effect of doing so will mean that the employee is not entitled to the benefits in the following clauses in the Award:

• Clause 10 – Part-time employees;
• Clause 15 – Ordinary hours of work and rostering arrangements
• Clause 16 – Breaks;
• Clause 26 – Allowances;
• Clause 28 – Overtime;
• Clause 29 – Penalty rates;
• Clause 30.3 – Payment for annual leave loading;
• Clause 35.3 – Additional public holiday arrangements for full-time employees;
• Clause 37 – Deductions for provision of employee accommodation and meals.

Managerial Staff (Hotels) employees are still entitled to a minimum of eight days off duty during each four-week cycle of work. 

Also, if they are required to work on a public holiday, they are entitled to paid time off of equal length to the time worked on the public holiday (this must be taken within 28 days). 

 If the accrued time off isn’t taken within this period, the employee and employer can agree in writing to extend that time limit to up to 6 months from when the time off was earned. 

If the accrued time off is not taken within the agreed-upon extension period, the employer must pay it out in full in the next pay period. Any accrued time off must also be paid out upon termination of employment.

Unlike other annualised wage arrangements, the Managerial Staff (Hotels) arrangements have less of an administrative burden. Employees are not obligated to sign off on the hours they work, and there is no mandatory annual reconciliation requirement for employers.

Loaded rates of pay

Employers can choose to pay a loaded rate to a full-time adult employee who is classified as a Level 3 or above. This loaded rate is designed to absorb certain Award entitlements such as overtime rates, penalty rates (except public holiday rates) and the split shift allowance.

These provisions do not apply to employees:

• Catering in remote locations; or 
• On specific complex rostering arrangements (i.e. those who accrue an RDO that are rostered for 160 hours over a 4-week cycle). 

If the business wishes to engage an employee under these terms, they will need to provide the worker with a copy of the arrangement in writing. A template for this arrangement can be found within Schedule J of the Award.

The form needs to include the:

• Names of the employer and employee;
• The employee’s classification or wage level;
• Loaded rate range of days;
• Loaded rate maximum weekly hours;
• Loaded rate percentage;
• Ordinary hourly rate;
• Loaded rate (ordinary hourly rate x loaded rates percentage).

Paying a loaded rate under the new provisions is only possible where all the following points are strictly met:

• The roster cycle must operate weekly, commencing on a Monday;
• Monday to Friday shifts must not exceed 11.5 hours (excluding meal breaks) per day/ shift and must be rostered between 7:00 am and 12:00 am (midnight);
• Saturday and Sunday shifts must not exceed 10 hours (excluding meal breaks); and;
• If the period between shifts is 3 hours or less, a split shift allowance must be paid.

When paying a loaded rate under the Award’s conditions, the business will also need to adhere to certain record-keeping requirements. Employers must keep a record of the starting and finishing times of all work performed under a loaded rate, and any unpaid breaks taken. This record must be signed by the employee or acknowledged as correct in writing (which may be by electronic means) each pay period or roster cycle.

Overtime rates

When overtime applies:

Full-time andpart-time employees

Overtime rates are payable when a permanent full-time or part-time employee works: Outside of their rostered hours, including rostered days off; More than an average of 38 hours per week over the roster cycle (maximum 4 weeks); Over 11.5 hours in any one day, exclusive of unpaid meal break times; More than three 10-hour shifts consecutively without receiving a 48-hour break; More than 8 days of more than 10 hours in a 4-week roster cycle; or A split shift that spans over more than 12 hours in one day or shift. For part-time employees, additional hours can be rostered at ordinary rates provided they are not in excess of the above criteria and are rostered within the employee’s specified availability periods see guidance from the Fair Work Ombudsman.

Casual employees

Overtime rates are payable when a casual employee works: More than 38 hours per week over the roster cycle (maximum 4 weeks) More than 12 hours in any one day or shift.

The overtime rate depends on the time at which the overtime is worked:

• Monday to Friday: 150% of their ordinary hourly rate for the first two hours then 200% for the rest of the overtime.
• Between midnight Friday and midnight Sunday: 200% of their ordinary hourly rate
• Rostered day off: 200% 

Note: All employees receive overtime rates calculated on the permanent employee’s base rate of pay, i.e. casual employees do not receive a casual loading on top of overtime rates of pay.

Time in lieu

An employer and employee can make a written agreement that lets the employee take paid time off instead of receiving overtime pay for particular overtime hours they have already worked. A new agreement is required each time overtime is worked in every pay period.

Every agreement must confirm: 

• how many overtime hours it covers and when they were worked; 
• that both parties agree those hours will be taken as time off instead of being paid; 
• that the employee can ask at any time to be paid for any of those hours that have not yet been taken; and 
• that, when such a request is made, the employer will pay the overtime rate in the very next pay period. (The agreement can be as simple as an email exchange, there is no compulsory form.)

The employee’s time off entitlement is equal to the number of overtime hours worked; for example, two overtime hours give two hours off. The leave must be taken within six months of when the overtime was worked, at a time (or times) that both employer and employee agree. If the employee asks to be paid instead, or if the six month window passes without the leave being taken, the employer must pay the overtime rate in the next pay cycle.

Employers must keep a copy of every agreement and must not pressure employees to come to this type of arrangement. 

If employment ends and the employee still has untaken time off that was meant to replace overtime pay, the employer must pay those hours at the overtime rate that applied when the overtime was worked.

Penalty rates

When an employee works ordinary hours on the following days, they are entitled to the following penalty rates:

	Full-time and part-timeemployees %	Casual employees %(inclusive of 25% loading)
Saturday	125%	150%
Sunday	150%	175%
Public holidays	225%	250%

Additional penalty payments apply in the following circumstances:

• Evenings 7:00 pm to midnight Monday to Friday – an extra $2.81 per hour (or part hour) on top of the standard rate (rates correct as of 1 July 2025).
• Early mornings midnight to 7:00 am Monday to Friday – an extra $4.22 per hour (or part hour) on top of the standard rate  (rates correct as of 1 July 2025).. 

Full-time and part-time employees who work a split shift when they work two distinct work periods on a single day, separated by an unpaid period (not a meal break). Different allowances apply depending on whether the bread between shifts is less than or more than 3 hours. Please refer to the Award for the applicable allowance rates. 

Public holidays

Full-time and part-time employees who work on a public holiday must be paid for a minimum of 4 hours, while casual employees must be paid for a minimum of 2 hours.

Full and part-time employees may by agreement with the employer receive a 125% penalty and time in lieu or accrued as annual leave instead of the 225% penalty rate. An employer and employee may also agree to substitute another day for a day, or part-day, that would otherwise be a public holiday. 

An employee being paid an annualised salary that is required to work on a public holiday will be entitled to paid time of that is of equal length to the time worked, or the equal length of time worked added to their annual leave entitlement, in addition to receiving their normal salary.

Permanent employees that are not required to work on a public holiday (due to venue closure or annual leave) will receive their ordinary rate of pay for the day of work, and no deduction from their leave balance. If a part-time employee would not normally work on the day of the week that a public holiday falls, they will not be entitled to payment.

Full-time employees (hourly and salaried) whose rostered day off* falls on a public holiday must:

• be paid an extra day’s pay;
• be provided with an alternative day off within 28 days; or
• receive an additional day’s annual leave.

Note: *A rostered day off means any day the employee is not rostered to work (ie it does not mean a day off as part of an “RDO system”).

Breaks

The provisions of unpaid meal breaks and paid rest breaks apply to all employees. Unpaid meal breaks must not be taken within 2 hours of an employee’s shift starting and must be taken within 6 hours of work. Breaks should be spread evenly across a shift.

Hours Worked	Paid Rest Break	Meal Break
5 to 6 hours	No paid rest break	Employees can make a written request for an unpaid meal break of up to 30 minutes, the employer cannot unreasonably refuse
More than 6 to 8 hours	No paid rest break	One unpaid meal break of at least 30 minutes
More than 8 to 10 hours	20-minute paid rest break, or two 10-minute paid rest breaks	One unpaid meal break of at least 30 minutes
More than 10 hours	Two 20-minute paid rest breaks	One unpaid meal break of at least 30 minutes

Note: For a shift of more than 6 hours, if no break is given, the employee shall be paid an additional 50% of the ordinary hourly rate extra per hour (or part hour) until either a break is given, or the shift ends.

Leave and leave loading

Annual leave

Under the National Employment Standards (NES), permanent employees are entitled to four weeks of paid annual leave per year, with entitlements pro-rated for part-time employees.

Employees who are 7-day shiftworkers regularly rostered to work on Sundays and public holidays in a business that operates 24/7 are entitled to an additional week of annual leave (i.e. five weeks total).

Annual leave loading

When paid annual leave is taken (or paid out on termination), employees receive a 17.5% leave loading. If their base rate is higher than the Award rate because of over Award payments, they are paid the higher rate while on leave.

Temporary shutdowns

An employer can require employees to take paid annual leave during a temporary shutdown if the employee is given at least 28 days’ written notice (or a shorter period agreed with the majority of affected staff). The direction must be in writing and reasonable, and employees must comply. 

For any part of the shutdown not covered by such a direction, the parties can agree in writing to leave without pay, or employees may also agree to take annual leave in advance. When working out how much leave an employee has accrued, any leave previously taken in advance but not yet accrued is deducted. The special “excessive leave accrual” rules do not apply to leave taken because of a shutdown direction.

Catering employees working in or for boarding schools or residential colleges linked to tertiary institutions can be required to take leave without pay during term or semester breaks or over the Christmas/summer holidays, with at least one week’s written notice. The period can be varied by agreement, and the employee may choose to use accrued annual leave or long service leave instead. If appropriate work is available during that period, the employer must offer it and pay the applicable rate if it is accepted.

Excessive leave accruals

An employee has an excessive leave balance if they have accrued more than eight weeks of paid annual leave (or more than 10 weeks for shiftworkers). The employer and employee should first genuinely try to agree on how to reduce it. 

If no agreement is reached, the employer may direct the employee in writing to take leave, provided the following conditions are met:

• The direction must not reduce the employee’s remaining leave balance to less than 6 weeks
• Each period of directed leave must be at least 1 week in duration;
• The leave must begin no sooner than 8 weeks and no later than 12 months from when the direction is issued; and
• The direction must not be inconsistent with any existing agreed leave arrangements. 

Employees with excessive leave may also provide written notice requesting to take one or more periods of paid annual leave, provided the same conditions above are met. The employer must grant the request if it complies with those requirements

Annual leave in advance

Employees can take annual leave in advance if there is a written, signed agreement stating how much leave is being taken and when it starts (and signed by a parent or guardian if the employee is under 18). The employer must keep a copy of the agreement. 

If the employment ends before the leave is accrued, the employer may deduct the value of the unaccrued portion from termination monies. 

Cashing out annual leave

Employees may cash out annual leave if the following conditions are met:

• There is a written agreement for each instance of cashing out;
• The employee must retain a minimum of 4 weeks accrued leave after cashing out;
• A maximum of 2 weeks may be cashed out in any 12-month period;
• The employee must be paid at least what they would have received had they taken the leave;
• The employer must keep a record of the agreement.

Other leave

The following leave is provided for under the National Employment Standards:

• Personal/carer’s leave: 10 days per year for full-time employees (pro rata for part-time employees);
• Compassionate leave: 2 paid days per occasion for permanent employees;
• Parental leave: Available after 12 months of continuous service;
• Community service leave: Including emergency management and jury duty;
• Family and domestic violence leave: 10 days paid leave per year for all employees.

All employees (including casual employees) will also be entitled to long service leave under relevant state-based legislation. 

Notice periods

The Award states that employers must give the notice periods set out in the National Employment Standards when terminating the employment of permanent employees. These are set out below.

Employee’s period of continuous service with the employer at the end of the day the notice is given	Period
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

Employees aged 45 years or older who have completed at least two years of continuous service are entitled to one additional week’s notice of termination from the employer.

The notice of termination required to be given by an employee is the same as that required of an employer, except that the employee does not have to give additional notice based on the age of the employee.

If an employee fails to provide the required notice, the employer may make a deduction from the employee’s final pay equivalent to the wages for the notice period not worked (see below).

Deduction from wages

Deductions for Breakages and cashiering underlings only allowed in the following circumstances:

• In the case of wilful misconduct; and
• Any deduction must be reasonable and proportionate to the actual loss.

Deductions from an employee’s wages for meals are only permissible when all the following three conditions are met:

• The employee does not live in employer-provided accommodation;
• The meal is provided during normal working hours; and
• The employee has been informed of the exact deduction amount and has provided their consent..

Inadequate notice of resignation: 

• If an employee does not give the amount of notice required by the Award to the employer, a deduction can be made from unpaid wages of up to one week; 
• This is provided the employee is aged 18 years or older and a deduction is not unreasonable in the circumstances; 
• No deduction can be made from National Employment Standards entitlements.

Higher duties

An employee engaged for two or more hours of one day for duties of a higher classification level, they must be paid the higher rate for such a day (the entire shift). If an employee performs higher duties for less than a two-hour period, the employee must be paid the higher rate for the time actually worked. These higher duty provides do not apply to food and beverage attendants, who are at either a grade 2 or 3 classification level.

Allowances

These are some of the commonly used allowances under the Award, which are outlined below. For a complete list of all allowances and the specific conditions that apply, refer to clause 26 of the Award. 

Split-shift  (not applicable to casuals)	This allowance is payable to full-time and part-time employees when a shift is broken into two or more distinct work periods. The amount of the allowance is determined by the length of the unpaid break between the periods of work (an allowance for breaks between 2-3 hours, and another for 3+ hours).
First aid allowance	Where an employee has a current first aid qualificationfrom St John Ambulance or a similar body and is appointed by the employer to perform first aid duty.
Laundry allowance (cateringemployees)	Applicable when a catering employer requires an employee (including an airport catering employee) to be responsible for laundering any special clothing that is required to be worn by them.
Laundry reimbursement (not catering or motel employees)	Reimbursement of the demonstrated costs of launderingthe special clothing.
Meal allowance	The employer must supply an employee with a meal, orpay the meal allowance in certain instances where the employee is required to work overtime of more than 2 hours without prior notification. This applied to full-time and part-time employees only.
Special clothing reimbursement	Reimbursement of the cost of purchasing the specialclothing.
Tool allowance (cooks or apprentice cooks)	Reimbursement for tools where a cook or an apprentice cook is required toprovide and use their own tools (and is not in receipt of atool allowance).
Uniform allowance	Reimbursement of the cost of the special uniform, dress or clothing.

Note: Please note that allowances are regularly updated. Please refer to the Fair Work

Ombudsman pay guide for the current rates.

Superannuation

Superannuation rights and obligations are governed by Australian superannuation legislation.. 

Employees generally have the right to select their own superannuation fund for employer contributions. If an employee does not make a choice, the employer must check with the Australian Taxation Office (ATO) whether the employee has a stapled fund, and if so, make contributions to that fund. If no stapled fund exists, contributions must be made to one of the default funds listed in the Award.

An employee may also authorise, in writing, for the employer to deduct a specific amount from their post-tax wages and pay it into the same superannuation fund used for employer contributions.

Subject to the fund’s rules, the employer must continue making superannuation contributions:

• during any period of paid leave; and 
• during absences due to work-related injury or illness, provided the employee is receiving workers compensation or direct statutory payments from the employer and remains employed.

Redundancy

Employers with 15 or more employees must pay the following amount of redundancy pay as set out in section 119 of the Fair Work Act 2009. 

Redundancy pay period
Employee’s period of continuous service with the employer on termination	Redundancy pay period
At least 1 year but less than 2 years	4 weeks
At least 2 years but less than 3 years	6 weeks
At least 3 years but less than 4 years	7 weeks
At least 4 years but less than 5 years	8 weeks
At least 5 years but less than 6 years	10 weeks
At least 6 years but less than 7 years	11 weeks
At least 7 years but less than 8 years	13 weeks
At least 8 years but less than 9 years	14 weeks
At least 9 years but less than 10 years	16 weeks
At least 10 years	12 weeks

The Award also contains special provisions when an employee is being made redundant, including regarding time off to seek a new job.

Need help applying the Hospitality Award to your business?

Our HR Advisory team is ready to help with advice and support. Whether you’re unsure about pay classifications, rostering rules or managing weekend penalties, our experts can walk you through the details and help you make confident, informed decisions.

We’re here to make sure you understand what the Award means for your team, without the legal jargon.

And if you haven’t already, download your free copy of the Hospitality Industry Award guide. It’s an easy reference to keep on hand whenever you need a clear answer.