An award is a legal document that sets out the terms and conditions of employment for a specific industry or job. It contains things like rates of pay, overtime, penalty rates and allowances.
It is a legally enforceable set of minimum terms and conditions of employment. Awards operate in conjunction with the National Employment Standards (a legislated set of minimum standards), and together they provide a fair and relevant minimum safety net for workers.
An award applies to employees in a particular industry or occupation. The Fair Work Commission has responsibility for making and varying Awards in the national workplace relations system. Unions, such as the SDA, can apply to change or improve Awards that apply for their members.
What this means for you
If you work in fast food, the relevant award is the Fast Food Industry Award. The Fast Food Industry Award or Fast Food Award for short, outlines the minimum standards for the fast food sector.
That means fast food workers should not receive less overall than the pay and entitlements set out in this Award.
If you work in fast food, you may be covered by the Fast Food Award or an Enterprise Bargaining Agreement negotiated by the SDA.
Check with the SDA if you’re unsure what applies to you.
The Fast Food Industry Award covers most fast food outlets including major chains and takeaway shops.
This means taking orders for, preparing and selling:
- meals, snacks and/or beverages, which are sold to the public primarily to be consumed away from the point of sale;
- take away foods and beverages packaged, sold or served in such a manner as to allow their being taken from the point of sale to be consumed elsewhere should the customer so decide; and/or
- food and/or beverages in food courts and/or in shopping centres and/or in retail complexes, excluding coffee shops, cafes, bars and restaurants providing primarily a sit-down service inside the catering establishment.
Breaks are important entitlement. Make sure you’re receiving all of your breaks at work.
Here are the breaks that apply in the Fast Food Industry Award:
| Hours worked per shift | Breaks | Meal breaks |
|---|---|---|
| Less than 4 hours | One 10 minute paid rest break | No meal break |
| 4 hours or more but less than 5 hours | One 10 minute paid rest break | No meal break |
| 5 hours or more but less than 9 hours | One 10 minute paid rest break | One unpaid meal break of at least 30 minutes but not more than 60 minutes |
| 9 hours or more | If 2 unpaid meal breaks are provided: |
|
| One 10 minute paid rest break | Two unpaid meal breaks of at least 30 minutes but not more than 60 minutes | |
| Or, if 2 unpaid meal breaks are not provided: | ||
| Two 10 minute paid rest breaks — one to be taken in the first half of the shift and one in the second half of the shift | One unpaid meal break of at least 30 minutes but not more than 60 minutes | |
Penalty rates are important recognition that you’re working at times when many others in the community are not.
Here’s what penalty rates apply in the Fast Food Industry Award:
| Time of ordinary hours worked | Full-time and part-time employees | Casual employees |
|---|---|---|
| % of minimum hourly rate | % of minimum hourly rate (inclusive of casual loading) | |
| Monday to Friday—between 10.00 pm and midnight | 110% | 135% |
| Monday to Friday—between midnight and 6.00 am | 115% | 140% |
| Saturday—any time of day | 125% | 150% |
| Sunday (Level 1 employees)—any time of day | 125% | 150% |
| Sunday (Level 2 and 3 employees)—any time of day | 150% | 175% |
| Public holiday—any time of day | 225% | 250% |
Casual workers have rights too.
The Fast Food Industry Award applies to workers in the retail industry and that includes permanent and casual workers.
If you’re casual, what applies to you will be set out in the Award.
- Casual workers receive a 25% loading on top of the minimum rates of pay.
- The minimum number of hours per shift for casuals is 3 hours.
SDA members have access to exclusive pay and conditions resources.
This is just a snapshot of a handful of entitlements in the Fast Food Industry Award – there’s many more.
As part of your SDA union membership, you can access detailed information about your award or agreement. This includes a full copy of your award or agreement.
