8 Conditions You Didn't Know Existed in the Hospitality Award (MA000009)

The Hospitality Award (MA000009) is one of the more complex modern awards in the Australian employment landscape due to a large number of businesses it covers and the nature of work within the industry.

This includes employers and employees in:

• Hotels and resorts
• Motor inns and motels
• Health or recreational farms
• Caravan parks
• Ski lodges
• Holiday flats or units, ranches or farms
• Hostels or any other type of residential or tourist accommodation
• Caterers
• Bars and restaurants 
• Casinos
• Function areas
• A range of other related businesses

Recently there has been a push in media coverage and attention from Fair Work Australia regarding payroll compliance. Therefore, it’s critical to understand how many obligations and potential problems there are if employers aren’t fully aware of their responsibilities in meeting the Hospitality Award (MA000009) requirements.

While everyone does have access to industry awards on the Fair Work website, they can be tricky to understand as they’re jammed full of legal jargon.

Here we’ll cover some of the conditions that you might not have heard about from the Hospitality Award that are commonly missed.

You can also read our Ultimate Hospitality Award (MA000009) Summary that covers all key areas of the Hospitality Award in detail (without the jargon) as well as downloading our eBook which includes a bonus payroll processing checklist to ensure your business is compliant with all of the award requirements.

Disclaimer:

Please note that every effort has been made to ensure that the information provided in this guide is accurate. You should note, however, that the information is intended as a guide only, providing an overview of general information available. This guide is not intended to be an exhaustive source of information and should not be seen to constitute legal or tax advice. You should, where necessary, seek a second professional opinion for any legal or tax issues raised in your business affairs.

Before this request can be made, a casual employee needs to be employed for at least 12 months and have regular hours. 

Employers can only refuse this request if there are reasonable grounds such as:

• The needs of the workplace
• The type of work being done
• The qualifications and skills of your employee
• The employee’s personal circumstances

However, it’s up to your employees if they want to make this request, and as an employer, you cannot require your casual employee to make the request. 

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If an employee does work more than ten consecutive days, they must be paid at the appropriate overtime rates for every day beyond ten worked in a row.

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It’s also important to remember that any changes to the roster need to be made with mutual agreement from both the employee and employer or by giving at least 7 days notice. 

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If they don’t have a break within these first 6 hours, they are then entitled to be paid an additional 50% of their ordinary hourly rate from the end of these 6 hours until they get a break, or their shift is over. 

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A minimum break of 8 hours for the changeover of rosters must also be given to employees. 

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These rates apply to all employees, regardless of their type of employment. 

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It’s also important to remember that you cannot make any deductions from the wages of an employee that’s under 18 years old if they haven’t been agreed on in writing by a parent or guardian. 

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Payday Super

From 1 July 2026, Payday Super changed how and when super is paid. Instead of paying quarterly, employers must pay super guarantee at the same time as wages, for every payday. The contribution needs to reach the employee's super fund within 7 business days of payday (this is not same-day super, just a tighter deadline), and it's calculated on the employee's qualifying earnings rather than only ordinary time earnings. Missing the 7-day window can trigger the new super guarantee charge, including an added administrative uplift penalty on top of the shortfall.

WEBINAR ON-DEMAND

Pay Day Super is Here - Is Your Payroll Ready? Pay Cat Head Trainer, Tasya walks through exactly what's changed, what it means for your payroll, and how to get set up with the right clearing house solution. 

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If you want your employees to take paid annual leave while you temporarily close down, the affected employees must be given at least 4 weeks notice of the close-down period. 

With this notification, you can then require employees to take a period of paid annual leave. 

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Many of our clients skip the manual process altogether and make the shift to Pay Cat Payroll (powered by Employment Hero), with our team managing the transition for you.

Here's how Pay Cat Payroll works:

• Timesheet Approvals On the Go

No more manual entries or paper timesheet approvals. Supervisors and managers approve timesheets on the go, directly in Pay Cat Payroll.

• Automated Modern Awards Compliance

Pay Cat Payroll's pre-built modern Awards make it easy for payroll managers to pay staff correctly, each and every pay run.

• Automated Payslips

Create and customise Fair Work compliant payslips that are easy to access in Pay Cat Payroll.

• Cut Payroll Processing Time by Up to 90%

No back pay calculations. No inefficient manual interpretation. No data re-entry. Just faster, stress-free paydays. 

Who is Pay Cat?

Simplify Payroll. Stay Compliant.

Pay Cat helps Australian businesses take the stress out of payroll and stay fully compliant with modern awards. As Employment Hero Payroll experts, we set up systems that cut down on mistakes, save hours each pay run, and keep your business on the right side of Fair Work.