Award register

MA000104CurrentPublic and specialist services

Miscellaneous Award

The Miscellaneous Award is a fallback award for residual employees who fit its own Level 1 to Level 4 structure and are not covered by another modern award. The key compliance work is ruling out a more specific award first, classifying carefully and documenting regular hours, overtime and expense handling properly.

Consolidated through
1 July 2026
Source checked
1 August 2026
Official source
Current award

01Who this award covers

The Miscellaneous Award is a residual award. It is designed for employees in its own classification structure who are not covered by any other modern award, so it should generally be considered only after a more specific industry or occupational award has been ruled out.

Businesses and work usually covered

  • Residual employees who fit Levels 1 to 4 and are not covered by another modern award
  • On hire employees in the award's classifications where no more appropriate modern award classification exists
  • Apprentices and trainees engaged under this award structure

When another award or arrangement may apply

  • Managerial employees
  • Professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists
  • Employees covered by another modern award, a modern enterprise award, an enterprise instrument or a relevant State public sector award
  • Employees excluded from award coverage by the Fair Work Act

02Roles and classifications

The award contains classification levels that connect an employee's duties, skills and responsibility to a minimum rate. Common role descriptions include:

  • Level 1 employees with less than 3 months' service who are not doing Level 3 or Level 4 work
  • Level 2 employees with at least 3 months' service who are not doing Level 3 or Level 4 work
  • Level 3 employees with a trade qualification or equivalent who perform duties requiring it
  • Level 4 employees with advanced trade qualifications or sub professional duties

A familiar job title is only a starting point. Match the employee's real duties against the classification definitions and keep a written record of the level selected.

03Rules employers need to check

Rule Out More Specific Awards First

cl 4.1, 4.2, 4.6, 4.7

The first question under this award is not pay level. It is whether the award should be used at all after testing other awards and exclusions.

  • Use this award only after ruling out a more specific award.
  • Do not treat it as a shortcut where an industry award may apply.
  • Check the exclusions for managers and professional employees at the start.
  • If labour hire or group training is involved, confirm there is still no more appropriate modern award.

Classify The Role Carefully

cl 12.1, 15.1, 15.5

Classification needs to reflect the actual level of skill and qualification required by the job, not just the employer's internal title.

  • Match the employee to Level 1, 2, 3 or 4 using the award's classification criteria.
  • Do not move an employee into Level 3 or 4 unless the qualification and duty requirements are actually met.
  • Higher duties rules matter where an employee performs work in a higher classification for most of a day or shift.

Put Regular Hours In Writing

cl 10.2, 10.3, 13.2, 13.4

Part time arrangements and regular hours need written control. Loose or informal scheduling is a common compliance risk under this award.

  • Part time patterns must be agreed in writing at the time of engagement.
  • The written pattern should include the hours to be worked and the starting and finishing times on each day.
  • Once fixed, the pattern can only be varied by agreement and recorded in writing.
  • Starting and finishing times for ordinary hours can otherwise be varied by agreement or by employer notice under the rostering clause.

Control Hours, Breaks And Overtime

cl 13.3, 13.5, 14, 19.1

Hours, meal breaks and overtime under this award are straightforward but they still need active roster control and accurate records.

  • Ordinary hours are to be worked on a regular basis with fixed starting and finishing times over a maximum of 6 days per week.
  • Full time and part time employees must not ordinarily work on more than 20 days in any 28 day period.
  • Employees cannot be required to work more than 5 hours without an unpaid meal break of at least 30 minutes.
  • Overtime applies when weekly or agreed part time hours, or the daily cap, are exceeded.

Keep Payroll Categories Separate

cl 17.3, 16, 20

Payroll under this award needs separate treatment for overtime, penalty time and reimbursed expenses rather than a single blended rate.

  • The award includes meal allowance, vehicle allowance and reimbursement provisions for directed expenses.
  • Allowances and reimbursements should be separately identified in payroll and pay records.
  • Penalty rates apply for work outside ordinary hours that is not overtime, so payroll needs separate logic for the two categories.

Read The Award With The NES

cl 11.3, 18, 21

This award must be read with the NES and superannuation legislation rather than as a complete standalone code for leave and casual conversion.

  • Casual conversion is dealt with in the NES and the award points employers back to that pathway.
  • Annual leave sits in the NES, with additional award rules for shiftworkers, loading, shutdowns, leave in advance and cashing out.
  • Superannuation obligations are dealt with through the NES and superannuation legislation, with supplementary award clauses.

04Pay rates, penalties and allowances

The safest way to check a current rate is to start with the employee's classification, employment type and working pattern, then use Fair Work's current pay guide or Pay and Conditions Tool. Rates can change after an Annual Wage Review or an award variation.

05Common workplace examples

Residual Role With No Clear Industry Award

Possibly, but only if the role fits Levels 1 to 4 and no other modern award is more appropriate. That coverage question must be answered first because the Miscellaneous Award is residual, not a first choice.

Employee Doing IT And Legal Support

That is usually outside this award. Clause 4.2 excludes professional employees such as legal and information technology specialists, and managerial roles are also excluded.

Employee Moves Into Trade Qualified Work

If the employee is now carrying out duties requiring a trade qualification or advanced trade qualification, the classification may need to move to Level 3 or Level 4. The written classification and payroll setting should be reviewed immediately.

06Recent changes to this award

PR799280, PR799384, PR799539

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 D - Supported Wage System, Schedule E - National Training Wage

07What to do next

  1. 01Check industry and occupational awards first and keep a short written record of why this award is the residual fit.
  2. 02Record the employee's classification, employment type and any qualification basis for that classification when they start.
  3. 03Use a written template for every part time arrangement and update it whenever the regular pattern changes.
  4. 04Review rosters so employees are not working past the meal break rule or the daily hours limit without overtime treatment.
  5. 05Keep separate payroll treatment for ordinary time, overtime, penalties and reimbursed expenses.
  6. 06Recheck classification if the employee moves into trade qualified or sub professional work.

08Common questions

Is the Miscellaneous Award a catch all award?

No. It is not a general catch all for any role an employer cannot place quickly. Clause 4.1 only brings it in where the employee is not covered by any other modern award and fits the award's own classification structure.

Can managers or office professionals be covered?

No. The award expressly excludes managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.

What is the practical difference between Level 1 and Level 2?

Level 1 is for an employee with less than 3 months' service who is not carrying out Level 3 or Level 4 duties. Level 2 is for an employee with at least 3 months' service who is still not carrying out Level 3 or Level 4 duties.

Can labour hire staff fall under this award?

Yes, but only where the on hire employee fits one of the award classifications and there is no more appropriate modern award classification for the work performed.

Do start and finish times need to be documented?

Yes. Part time patterns must be agreed in writing at the start, and once starting and finishing times are fixed they can only be varied by agreement or by the employer on notice under the rostering clause.

Official sources and related help

This guide is general information, not legal advice. Modern award coverage and classification depend on the facts. Check the current official award and get advice for your business before relying on this page.

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