Fast Food Industry Award

Coverage requires both a covered fast food employer and an employee within a classification. Test those elements separately before configuring payroll.

• Confirm that the employer's operation meets the award definition of the fast food industry.
• Confirm that the employee's work falls within an award classification.
• Check the express exclusions before relying on the award.
• If more than one award could cover the employer, compare the classifications with the employee's actual work and normal work environment.
• Make the award and the NES available to covered employees on a conveniently located notice board or through accessible electronic means.

Employment type determines ordinary hours, minimum engagements, record requirements and overtime treatment. Part-time arrangements need particularly careful written documentation.

• Tell the employee at engagement whether the employment is full-time, part-time or casual.
• A full-time employee works an average of 38 ordinary hours a week over no more than 4 weeks.
• A part-time employee works fewer than 38 ordinary hours a week and has reasonably predictable hours.
• Roster a part-time or casual employee for at least 3 consecutive hours per engagement.
• For part-time employees, document the regular pattern and every agreed variation. Time beyond the agreed or properly varied hours is overtime under the award's rules.

Classification determines the applicable minimum rate and can affect penalty treatment. Match the classification to the work the employer requires.

• Classify the employee according to the skill level required for the principal functions of the employment.
• Do not rely only on the position title or an occasional task.
• Notify the employee of the classification in writing and give written notice of any change.
• Use the current minimum rate for the resulting classification.
• Check the separate junior, supported wage and national training wage provisions where relevant.

A lawful trading period is not automatically a lawful ordinary-hours roster. Apply the award's daily, averaging and continuity rules.

• Roster full-time employees using one of the weekly or multiweek averaging options in clause 13.2.
• Do not roster more than 11 ordinary hours on a day.
• Keep ordinary hours continuous except for award rest and meal breaks.
• Treat trading hours and employment hours as separate matters. The award does not alter lawful trading hours.
• Do not directly or indirectly prevent an employee from exercising the statutory right to disconnect.

Break numbers and timing change with shift length. Build the correct breaks into the roster before it is issued and provide a meaningful interruption to work.

• A shift of at least 4 hours but less than 5 hours attracts one paid 10 minute rest break.
• A shift of at least 5 hours but less than 9 hours attracts one paid 10 minute rest break and an unpaid meal break lasting 30 to 60 minutes.
• For a shift of 9 hours or more, apply the break combination specified in clause 14.1, including the required paid rest breaks and unpaid meal breaks.
• Do not require a break in the first or last hour, combine a rest break with a meal break, or require more than 5 hours of work without a meal break.
• Include the timing and duration of a part-time employee's breaks in the roster and written pattern of work.

Overtime can arise from weekly, daily, roster and agreed-hours triggers. Decide whether time is ordinary or overtime before applying a penalty table.

• Consider whether requested overtime is reasonable, including health and safety, personal circumstances, business needs, notice and other factors in clause 20.1.
• For full-time and part-time employees, test weekly averages, days worked, the daily limit, roster boundaries and work outside ordinary hours.
• For part-time employees, also compare actual hours with the written pattern and any valid variation.
• For casual employees, test the weekly or roster-cycle limit and the daily limit.
• Apply overtime rates according to the day and duration of the overtime. A separate minimum payment can apply to standalone Sunday overtime that does not adjoin ordinary hours.

Allowance entitlement depends on what happened during the pay period. Payroll needs records of duties, notice, travel and clothing arrangements, not only rostered hours.

• Pay wages weekly or fortnightly according to actual hours, or average them over a fortnight as permitted by the award.
• Check allowances for qualifying Broken Hill work, cold work, unexpected overtime requiring a meal, required special clothing and additional travel to another workplace.
• For cold work, confirm that the employee is principally employed on the relevant day to enter cold chambers or stock or refill refrigerated storage.
• For the overtime meal entitlement, check the duration of overtime, the notice given and whether the employee can reasonably return home during the meal break.
• Where special clothing is required, supply it, pay for it or reimburse its purchase and qualifying replacement costs. Check the laundry allowance if the employee must launder it.

NES annual leave and the award's loading rules must be applied together. The employee's expected weekend work can affect the loading calculation.

• Annual leave is provided by the NES and does not apply to casual employees.
• For accrued annual leave, compare the award's ordinary leave loading with the relevant weekend penalty amount the employee would have received. Pay the greater amount.
• Record any agreement to take annual leave in advance in writing, obtain the required signatures and keep it as an employee record.

An informal understanding is not an individual flexibility arrangement. Every requirement in clause 5 must be satisfied.

• Only vary the award subjects identified in clause 5.
• Make the arrangement after employment starts and without coercion or duress.
• Document why the employee is better off overall when the arrangement is made.
• Put the arrangement in writing, obtain the required signatures, give the employee a copy and keep it as a time and wages record.
• Apply the award's termination requirements if either party wishes to end the arrangement.

PR799280, PR799284, PR799442

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 15 - Minimum rates, 17 - Allowances, Schedule A - Summary of Hourly Rates of Pay, Schedule B - Summary of Monetary Allowances, Schedule C - Supported Wage System