The Ultimate Hospitality Award (MA000009) Summary

Author Image Written by Garth Belic

Everything you need to know about the Hospitality Award (MA000009), without the jargon. 

Offer
THE FREE HOSPITALITY AWARD EBOOK

Download our eBook on the Hospitality Award (without the jargon) + free payroll processing checklist

Download the eBook

The Hospitality Award is a complex and ever-evolving Modern Award focused in several sectors and has a broad coverage in one of the country's biggest industries.

You can read also read our article that covers the 8 conditions that Hospitality businesses didn't know existed in the award. 

In addition, you can download a FREE copy of our Hospitality Award eBook that covers everything you need to know about the award, without the jargon which comes with a BONUS payroll processing checklist. 

This summary provides will provide you a comprehensive understanding of everything you need to know about the Hospitality Award to ensure you have maximum compliance.

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.

The Hospitality Award (MA000009) covers quite a range of areas, including:

  1. Hotels
  2. Motor inns and motels
  3. Boarding establishments
  4. Condominiums or similar establishments
  5. Health or recreational farms
  6. Private hotels, guest houses or serviced apartments
  7. Caravan parks
  8. Ski lodges
  9. Holiday flats or units, ranches or farms
  10. Hostels or any other type of residential or tourist accommodation
  11. Wine saloons, wine bars or taverns
  12. Liquor booths
  13. Resorts
  14. Caterers
  15. Restaurants operating in, or in connection with, premises owned or operated by employers otherwise covered by this award
  16. Casinos
  17. Function areas or convention or similar facilities operating in, or in connection with, premises mentioned above

The Hospitality Award (MA000009) also covers:

  • On-hire employees that are working in the hospitality industry, and the on-hire employers of those employees
  • Apprentices or trainees that are engaged with or employed by a group training employer that is covered by this award

However, the Hospitality Award (MA000009) does NOT cover the following:

  1. Employees excluded from award coverage by the Act.
  2. Employees that are covered by a modern enterprise award or an enterprise instrument
  3. Employees covered by a State reference public sector modern award or a State reference public sector transitional award
  4. Employers and employees in the following industries:
    1. Clubs registered or recognised under State or Territory legislation.
    2. Boarding schools or residential colleges
    3. Hospitals
    4. Orphanages
    5. Councils, county councils, municipal councils, shires, shire councils or local government bodies established under State or Territory legislation
    6. Catering services provided by a restaurant as an incidental business
    7. Theme parks
    8. In-flight catering for airlines
    9. Restaurants covered by the Fast Food Industry Award 2010, the Registered and Licensed Clubs Award 2010 or the Restaurant Industry Award 2020
    10. Contract cleaning undertaken by companies not operating exclusively in the hospitality industry.
    11. Catering services provided by employers in the aged care industry (except where these services are provided for or within an aged care facility by employers otherwise covered by this award)
    12. Contract security, contract gardening or contract maintenance provided by an external provider, whose primary business falls outside the hospitality operation
    13. Businesses primarily concerned with the sale of petroleum or mixed functions involving the sale of petroleum.

If an employer or an employee is covered by more than one award, they are covered by the award that contains a classification that is the most appropriate to the work that they are doing.

An employee that is working in the hospitality industry but is not covered by this industry award may be covered by an award with occupational coverage.

Back to top

  • Full-time
  • Part-time; or
  • Casual

Full-time Employees

To be classified as a full-time employee, you must:

  1. Be an employee who works 38 ordinary hours per week; or
  2. Work an average of 38 hours per week
  3. Be considered full-time by employers despite working less than 38 hours per week

Part-time Employees

To be classified a part-time employee, you must:

  1. Work at least 8 and fewer than 38 ordinary hours per week or roster cycle; and
  2. Have reasonably predictable hours

Part-time employees are entitled to the same pay and conditions of full-time employees carrying out the same work, on a proportionate basis.

 

Setting Guaranteed Hours and Availability

At the time of employment, the employer and employee must agree in writing on the number of hours guaranteed over the pay cycle, and on which days of the week these hours will be worked.

Any changes made to a part-time employee’s guaranteed hours are only to be made with written consent from the employee.

 

Rostering

A part-time employee MUST:

  1. Not be rostered to work outside the employee’s availability; and
  2. Have 2 days off each week

Increasing Guaranteed Hours to Match Regular Work Pattern

If a part-time employee covered by the Hospitality Award (MA000009) has regularly been working more than their guaranteed hours for at least 12 months, then they can request in writing that the employer increases their guaranteed hours. If this request is granted, the change must be recorded in writing before it occurs.

The employer can only refuse this request on reasonable business grounds, and the employee must be notified of the refusal in writing and the grounds for it.

 

Change in Employee’s Circumstances That Changes Their Availability

If a part-time employee has a genuine and ongoing change to their personal circumstances, they may alter their availability by giving 14 days written notice to their employer.

If the employer is unable to reasonably accommodate the change, then:

  1. The employee’s agreed on guaranteed hours cease to apply; and
  2. The employee and employer must agree on a new set of guaranteed hours

Casual Employees

If an employee has no guaranteed hours of work or works irregular hours, then they are considered to be a casual worker.

As a result of the lack of annual leave and personal/carer’s leave, sick leave, redundancy benefits and other entitlements that full- and part-time employees receive, casual workers are paid an additional 25% loading on top of their base rate of pay.

A casual employee can work a maximum of:

  1. 12 hours per day or per shift
  2. 38 hours per week; or an average of 38 hours per week over a roster cycle (over a maximum 4-week cycle)

A minimum of 2 consecutive hours of work must be completed when an employee is required to attend work.

Employers must pay a casual worker at the end of each engagement unless it has been agreed that the employee will be paid either weekly or fortnightly.

A regular casual employee that has been working on a systematic basis for at least 12 months may elect to have their employment changed over to a full- or part-time role depending on the regular number of hours that they work. This election may be consented to or refused on reasonable grounds.

 

Conversion From Casual to Full-Time or Part-Time Employment

A regular casual employee is someone who is employed casually on a regular or systematic basis for several periods of employment or a period of at least 12 months.

Such an employee may elect to have their contract of employment converted to a part-time or full-time contract depending on the number of hours they regularly work.

  1. An employee that works an average of 38 or more hours a week over 12 months may elect to change over to a full-time contract
  2. An employee that works an average of less than 38 hours a week over 12 months may elect to change over to a part-time contract

An employer may consent or refuse a casual employees request to change their contract type only on reasonable grounds such as:

  1. The size and needs of the workplace or enterprise
  2. The nature of work being carried out
  3. The qualifications, skills and training of the employee
  4. Trading patterns of the workplace or enterprise (including cyclical and seasonal trading demand factors)
  5. The employee’s personal circumstances
  6. Any other relevant matter

Once an agreement is made for a casual employee to have their employment converted to either full-time or part-time employment, the employee and employer must agree on:

  1. Whether employment will be converted to part-time or full-time employment
  2. If it is agreed that the employee will be employed on a part-time basis, part-time employee conditions must be discussed and agreed on

The conversion will take effect from the next pay cycle after agreements have been reached, unless otherwise agreed on.

Once a casual employee has converted to full-time or part-time, they can only revert to casual employment with the written agreement of the employer.

However, there is no obligation for a casual employee to convert to full-time or part-time, and an employer cannot require a casual employee to do so, regardless of the length of employment.

Back to top

This award applies to apprentices in the same way that it applies to employees unless explicitly stated.

Employers must not require any apprentice under the age of 18 to work overtime or shift work. However, an apprentice may agree to do so if they are requested to.

Employers must not require apprentices to work overtime or shift work if it prevents their attendance at training in accordance with their training agreement, except in an emergency.

Training

Employers must release apprentices from work duties to attend their training without any pay loss or termination of employment.

For wage calculation purposes, the time that an apprentice spends attending training or assessments is to be regarded as time working.

Employers must reimburse apprentices for all fees paid by the apprentice to a registered training organisation for courses that they are required to attend. Employers must also reimburse the apprentice for textbook purchases made for the apprenticeship.

The employer must make any required reimbursements by whichever of the following is later:

  1. 6 months after the start of the apprenticeship; or
  2. 6 months after the relevant stage of the apprenticeship; or
  3. 3 months after the start of the training provided by the RTO.

Reimbursements are subject to the employer being satisfied that the apprentice is making satisfactory progress in the apprenticeship.

Block Release Training

If a Hospitality Award (MA000009) apprentice is attending training that requires an overnight stay, the employer must pay reasonable travel costs for travelling to and from the training. However, the employer is not obligated to pay if the apprentice could have attended training at a close venue and attending the more distant training had not been agreed on.

Reasonable travel costs include:

  1. The total cost of reasonable transportation (including transportation of tools, where required) to and from the training; and
  2. Accommodation costs; and
  3. Reasonable expenses, including for meals, incurred which exceed those incurred in the normal course of travelling to and from the workplace.
  4. Reasonable costs do not include payment for travelling time or expenses incurred while not travelling to and from the block release training.
  5. The amount to be paid may be reduced by any amount that the apprentice was eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme.

Competency-Based Progression

Apprentices need to be paid the relevant wage for their competency and will progress to the next rate if:

  1. Competency is achieved in the relevant proportion of the total units specified in rates payable; and
  2. Any requirements of the relevant state/territory apprenticeship authority and any additional requirements of the relevant training package when looking at the demonstration of competency and minimum work experience requirements are met; and
  3. Either:
  4. The Registered Training Organisation (RTO), the employer and the apprentice agree that the above requirements have been met; or
  5. The employer is provided with written advice that the RTO has assessed that the apprentice has met the above requirements and the employer has not advised the RTO and apprentice of any disagreement within 21 days of receipt of the advice.

If the employer does disagree with the RTO’s assessment of the above requirements, and all involved parties cannot resolve the dispute, the matter may be referred to the relevant state/territory apprenticeship authority for determination.

The definition of “competency” utilised for training packages is “the consistent application of knowledge and skill to the standard of performance required in the workplace.” It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

Apprentices must be paid the wage rate that they are entitled to from the first full pay period to commence on or after the date on which an agreement or determination is reached, or on a date determined under the dispute resolution process.

 

Junior Employees

A junior employee is an employee that is under the age of 21 and is not undertaking a nationally recognised apprenticeship or training.

Any employee under the age of 18 cannot be required to work more than 10 hours in a shift.

Where laws permit it, junior employees are allowed to work in a bar or a place where liquor is sold, however, they must be paid as an adult at the correct rate for the work being performed.

Employers are allowed to request a birth certificate or proof of age of a junior employee at any time.

Back to top

Full-time Employees

For a full-time Hospitality Award (MA000009) employee, ordinary work hours consist of working an agreed average of 38 hours per week.

An average of 38 hours per week can be worked in any of the following ways:

  1. a 19 day month, of 8 hours per day
  2. 4 days of 8 hours and one day of 6 hours
  3. 4 days of 9.5 hours per day
  4. 5 days of 7 hours and 36 minutes per day
  5. 76 hours over a 2 week period with a minimum of 4 days off each 2 week period
  6. 152 hours each 4 week period with a minimum of 8 days off each 4 week period
  7. 160 hours each 4 week period with a minimum of 8 days off each 4 week period plus an accrued day off
  8. Any combination of the above

The arrangement agreed on by both the employer and employee must satisfy the following conditions:

  1. Shifts must be a minimum of 6 hours on any day (excluding meal breaks.
  2. The maximum length of a shift (excluding meal breaks) on any day is 11.5 hours.
  3. If an employee is rostered to work more than 10 hours on more than 3 consecutive days, they are entitled to a break of at least 48 hours.
  4. An employee can work more than 10 hours a maximum of 8 times in a 4-week cycle.
  5. The maximum spread of hours on split shifts is 12 hours.

In addition, if an arrangement of working 152 hours per 4-week cycle with at least 8 days off is chosen, the following conditions also have to be satisfied:

  1. Employees cannot work more than 10 consecutive days without a rostered day off.
  2. If an employee works more than 20 days in a 4 week period, overtime rates must be paid for each day above 20 worked in that period.

If the chosen arrangement of working is160 hours per 4 week period with an accrued day off, the following conditions need to be satisfied:

  1. No employee can work more than 10 days in a row without a rostered day off.
  2. Where practical, accrued days off should be next to an employee’s rostered days off
  3. Up to 5 accrued days can be banked.
  4. With the employer’s permission, accrued days off can be taken in part-day amounts.
  5. If an accrued day off falls on a public holiday, the next day is to be taken as the accrued day off if possible.

Part-time Employees

A part-time Hospitality Award (MA000009) employee’s rostered hours must meet the following conditions:

  1. A minimum of 3 hours must be worked on a given day (excluding meal breaks)
  2. A maximum of 11.5 hours may be worked on any day (excluding meal breaks)
  3. If an employee is rostered to work more than 10 hours on more than 3 consecutive days, they are entitled to a break of at least 48 hours
  4. An employee can work more than 10 hours a maximum of 8 times in a 4-week cycle
  5. The maximum spread of hours on split shifts is 12 hours

Catering in Remote Locations

This clause applies to Hospitality Award (MA000009) employers that provide catering services to clients in remote locations when the employer and the majority of employees agree to schedule work over consecutive recurring cycles followed by consecutive non-working days.

The maximum number of ordinary hours worked in a cycle must not exceed 40 multiplied by the number of working and non-working weeks in the cycle. If employees work more than their ordinary hours, they must be paid overtime for the excess of time. Employees must also be paid at the overtime rate for time worked in excess of 8 hours per day.

Wages may be paid according to the average number of hours that are worked per week in a roster cycle instead of the actual number of hours worked.

Make-up Time

An Hospitality Award (MA000009) employer and the majority of employees at a workplace can agree to an arrangement under which employees are able to take time off during their ordinary hours of work, and then make-up that time later.

An employee is entitled to breaks as normal whilst working their make-up time, and penalty rates must be paid if make-up hours are being worked at a time penalty rates apply.

Employers must keep a record of make-up time arrangements as a time and wages record.

Rosters (Full-Time and Part-Time Employees)

Hospitality Award (MA000009) employers must prepare a roster that shows each employee (including full-time and part-time employees), their name and the times that they start and finish work. The roster must be placed in a conspicuous area that is easily accessible by the employees.

The roster of an employee can be changed at any time by mutual agreement of the employer and employee, or by giving the employer at least 7 days notice.

Employees must have a minimum break of 10 hours between when ordinary hours are finished on one day and started the next. A minimum break of 8 hours for a changeover of rosters must be given.

Alteration of Rosters and Notice of Days Off

The roster can be changed at any time by mutual agreement of the employer and employee on at least 7 days notice.

Where practicable, 2 weeks notice of rostered days off, days off or accrued days off should be given, providing days off are changed through mutual consent, through sickness or other causes over which the employer has no control.

Back to top

Hours worked per shift

Breaks entitled 

Between 5 and 6 hours

Elective unpaid meal break of up to 30 minutes

Between 6 and 8 hours

1 x minimum half-hour meal break

(To be taken between first 2 to 6 hours of work)

Between 8 and 10 hours 

1 x minimum half-hour meal break

(To be taken between first 2 to 6 hours of work)


1 x 20 minute paid rest break
(Can be taken as 2 x 10-minute breaks if requested)

More than 10 hours

1 x minimum half-hour meal break

(To be taken between first 2 to 6 hours of work)


2 x 20 minute paid rest breaks

 

If a Hospitality Award (MA000009) employee works more than 6 hours and is unable to take an unpaid meal break, then the employee must be paid an additional 50% of their ordinary hourly rate from the end of 6 hours after starting work until a break is taken or the shift ends.

If an employee works more than 5 continuous hours after an unpaid meal break, or more than 2 hours overtime, an additional 20 minute paid rest break needs to be given.

For example, if an employee works a 7-hour shift followed by 3 hours of overtime, they will be entitled to one minimum half-hour meal break, as well as one paid 20-minute rest break within their overtime hours.

Please also refer to the minimum rates for different classifications here.

Back to top

Reasonable Overtime

An employer may require an employee to work reasonable overtime hours at overtime rates. However, an employee can refuse to work overtime hours if they are unreasonable.

When determining whether overtime hours are reasonable, the following must be taken into account:

  1. Any risk to employee health and safety from working the additional hours
  2. The employee's personal circumstances, including family responsibilities
  3. The needs of the workplace
  4. Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for working additional hours
  5. Notice is given by the employer when requesting the additional hours
  6. Notice is given by the employee of refusal to work additional hours
  7. The usual patterns of work in the industry
  8. The nature of the employee's role and the employee's level of responsibility
  9. Any other relevant matters

Payment of Overtime

Employers need to pay overtime rates if:

  1. The ordinary weekly hours of work are exceeded, e.g. working more than 38 hours for a full-time employee.
  2. An employee works more than 10 hours (excluding unpaid meal breaks) on a single day.
  3. An employee is working on a rostered day off that is not replaced with another working day or banked.

When a full-time or part-time employee works overtime on a rostered or accrued day off, the employee must be paid for a minimum of 4 hours even if they work for less. However, this does not apply if the work is part of a normal roster that began on the day before the rostered or accrued day off, or is overtime that is continuous from the previous day’s duty.

Overtime Rates

The table below outlines the overtime rates that need to be paid under the Hospitality Award (MA000009).

For overtime worked on

Overtime rate

(% of ordinary hourly rate)

Monday to Friday—First 2 hours

150%

Monday to Friday—after 2 hours

200%

Midnight Friday to midnight Sunday

200%

Rostered day off

200%

 

Time Off Instead of Payment for Overtime

Hospitality Award (MA000009) employers and employees may agree in writing to taking time off instead of being paid for a certain amount of overtime that has been worked.

An agreement must state:

  1. The number of overtime hours that it applies to and when those hours were worked; and
  2. That the employer and employee agree that the employee may take time off instead of being paid for the overtime; and
  3. That if at any time the employee requests it, the employer must pay the employee for overtime covered by the agreement but not taken as time off; and
  4. Any payment must be made in the next pay period following the request.

Employees are entitled to take the same amount of time off as the number of overtime hours worked.

Time off must be taken:

  1. Within 6 months after the overtime is worked; and
  2. At a time within that 6 month period that is agreed on by both the employee and employer

If time off for overtime is not taken within the period of 6 months, the employer must pay the employee for the overtime in the next pay period at the overtime rate applicable to the overtime when worked.

Employers must keep copies of any agreement as an employee record. They must not exert undue influence or pressure on employees to take time off instead of payment for overtime. If on termination of the employee’s employment, the employer must pay the employee for the overtime worked at the applicable overtime rate.

Back to top

The table below outlines the penalty rates that are to be paid at different times and on different days for the Hospitality Award (MA000009):

Time of ordinary hours worked

Full-time and part-time employees
(% of ordinary hourly rate)

Casual employees
% of ordinary hourly rate 
(inclusive of casual loading)

Monday to Friday
7.00 am to 7.00 pm

100%

125%

Monday to Friday
7.00 pm to midnight

100% plus $2.27 per hour or part of an hour

125% plus $2.27 per hour or part of an hour

Monday to Friday
midnight to 7.00 am

100% plus $3.41 per hour or part of an hour

125% plus $3.41 per hour or part of an hour

Saturday

125%

150%

Sunday

150%

175%

Public holiday

225%

250%

 

Penalty Rates Not Cumulative

This applies where more than one penalty rate would be payable for hours worked at a particular time. In this case, the employer must pay the employee the highest applicable penalty rate.

 

Additional Provisions for Work on Public Holidays

Hospitality Award (MA000009) full-time and part-time employees who work on a public holiday must be paid for a minimum of 4 hours work and casual employees who work must be paid for a minimum of 2 hours work, even if fewer hours are worked.

Hours that are worked on the day immediately before or immediately after a public holiday, that form part of one continuous shift, are counted as part the minimum hours worked.

An employer and a full-time or part-time employee may agree that instead of the employee being paid at 225% of the ordinary hourly rate of the employee, the following arrangements apply:

  1. The employee is paid at 125% of the ordinary hourly rate of the employee under for hours worked on the public holiday; and
  2. An amount of paid time, equal to the hours worked on the public holiday, is added to the employee’s annual leave. Alternatively, the employee is to be allowed to take a day off during the week of the public holiday, or within a period of 28 days after the public holiday.

An employee and employer may agree to extend the 28 day period for taking the time off to within 6 months, subject to the following:

  1. The agreement is recorded in writing and kept as an employee record
  2. The accrued time off is taken at a time within the period of 6 months agreed by the employee and the employee
  3. If the accrued time off is not taken within the period of 6 months, the employer must pay the employee for the time off in the next pay period, and
    1. If on termination of the employee’s employment, accrued time off has not been taken, the employer must pay the employee for the accrued time off

This applies to full-time and part-time employees who are required to work on Christmas Day when it falls on a weekend and is not a public holiday. Employers must pay the employee 125% of the employee’s ordinary hourly rate for hours worked on Christmas Day and also allow the employee to take a substitute day off.

Back to top

This applies when an employee (other than a grade 2 or 3 food and beverage attendant) carries out higher duties for 2 or more hours on any particular day. They are entitled to the higher rate for the entire day.

Back to top

However, a Hospitality Award (MA000009) employer can determine specific employees whose roles are best suited to monthly pay periods.

Payments must be made on Monday-Thursday, except on termination.

The employer and individual employees can agree to wages being paid by cash, cheque or electronic bank transfer at no cost to the employee.

If an employee is being paid by cash or cheque and they have to wait more than 15 minutes at the workplace, they are entitled to overtime for any time longer than 15 minutes that they spend waiting.

Back to top

Individual employees can come to an agreement with their employers to be paid an annualised salary. This agreement must be made without coercion or duress.

An annualised salary must be at least 125% of the minimum weekly rate that would otherwise apply throughout the year.

An annualised salary must not end in an employee being paid less over a year than they would have been if they were not on an annualised salary. If this does end up happening, the employer must pay the employee the difference.

Employees in an annualised salary agreement must be rostered to have a minimum of 8 days off in every 4-week cycle.

Employers must keep records of the hours worked by employees, including start and finish times. These records need to be signed by the employee weekly and kept for 7 years.

Back to top

  1. Fork-lift driver allowance - If your employee is operating a fork-lift at work
  2. Meal allowance - If your employee is required to work more than 2 hours overtime with less than 24 hours notice
  3. Tool and equipment allowance - If your employees are required to supply their own tools and equipment
  4. Special clothing allowance - If your employees are required to wear any specialised clothing or protective items outside of a regular uniform
  5. Motor vehicle allowance - If a Managerial Staff (Hotels) employee is required to use their own vehicle to carry out duties
  6. Working late - If your employee finishes work so late that it is unreasonable for them to travel home by their regular means of transport
  7. Working early - If your employee starts work so early that it is unreasonable for them to travel to work by their regular means of transport
  8. Working away from usual place of work - If your full-time or part-time employee is required to work at a place that is more than 80 kilometres from their usual place of work
  9. Airport catering travel allowance - all airport catering staff are given daily travel allowances
  10. First aid allowance - If your employee has a first aid certification and is required to use it on duty
  11. Airport catering supervisory allowance - An airport catering supervisor is entitled to an allowance based on the amount of staff they are supervising
  12. Split shift allowance - If your full- or part-time employees are performing split shifts
  13. Overnight stay allowance - If your employee is requested to stay onsite overnight to assist outside of normal business hours

Search our database for all relevant allowances to your modern award.

Back to top

A rate of 9.5% of an employee’s ordinary earnings must be contributed to a nominated fund.

Back to top

Additional Paid Annual Leave for Certain Shift Workers

This applies to Hospitality Award (MA000009) employees who are 7 day shift workers who are regularly rostered to work on Sundays and public holidays in a business that operates 24/7. This employee is a shift worker for the purposes of the NES.

 

Payment for Annual Leave Loading

Hospitality Award (MA000009)mployers must pay employees a loading of 17.5% on the amount payable under the NES for paid annual leave.

 

Temporary Close-Down

This applies if an employer is intending to close down its operations or part of a workplace for a particular period and wants to require affected employees to take paid annual leave during this period.

The employer must give the affected employees at least 4 weeks notice of a temporary closedown period and then may require affected employees to take a period of paid annual leave during a temporary closedown period.

 

Special Leave Without Pay Arrangements for Certain Catering Employees

This applies to employees who are employed at or in connection with catering functions in primary or secondary boarding schools or residential colleges associated with tertiary educational institutions.

Employers may require employees to take a period of leave without pay during all or part of a term break, semester break or the Christmas/summer vacation. The affected employees must be given at least one week’s notice in writing.Employees may take accrued annual leave, or long service leave instead of leave without pay if they wish. Employers must offer work to an employee during an unpaid leave period if appropriate work is available, and it is within the employee’s skills and experience. If the employee accepts this offer, the employer must pay the employee at the applicable rate.

An employer can not terminate employment of an employee because the employee is not able to accept an offer of appropriate work.

 

Excessive Leave Accruals

An excessive leave accrual is defined as having accrued more than 8 weeks paid annual leave, of 10 weeks for a shift worker.

If an employee has an excessive amount of leave accrued, the employer or the employee may try to reach an agreement on how to reduce or eliminate the excessive leave accrual. If an agreement is not reached, the employer can direct the employee in writing to take paid annual leave.

If an employee has tried to reach an agreement with an employer, but an agreement is not reached, the employee can give written notice to the employer requesting to take paid annual leave. However, an employee may only give a notice to the employer if:

  1. The employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
  2. The employee has not been given a direction that, when any other paid annual leave arrangements are taken into account, would eliminate the employee’s excessive leave accrual.

An employee is not entitled to request more than 4 weeks paid annual leave (or 5 weeks paid annual leave for a shift worker) in a12 month period.

 

Annual Leave in Advance

Hospitality Award (MA000009) employers and employees may agree in writing to the employee taking a period of paid annual leave before the employee has accrued the leave. However, an agreement must:

  1. State the amount of leave to be taken in advance, and the date on which leave is to commence; and
  2. Be signed by the employer and employee

The employer must keep a copy of any agreement as an employee record.

If on the termination of employment, the employee has not accrued all of a period of paid annual leave already taken, the employer can deduct the amount that was paid to the employee for taken annual leave from any money due to the employee.

 

Cashing Out of Annual Leave

Hospitality Award (MA000009) employers and employees may agree in writing to cashing out a particular amount of an employee’s accrued paid annual leave. The agreement must state:

  1. The amount of leave to be cashed out and the payment to be made to the employee; and
  2. The date the payment is to be made.
  3. The agreement must be signed by the employer and employee

An agreement must not result in the employee’s remaining accrued paid annual leave being less than 4 weeks, with a maximum amount of paid annual leave that can be cashed out in 12 months being 2 weeks.

The employer must keep a copy of any agreement as an employee record.

Back to top

Additional Public Holiday Arrangements for Full-Time Employees

If a full-time employee’s rostered or accrued day off falls on a public holiday, one of the following needs to be done:

  1. Pay the employee an extra day’s pay
  2. Give the employee an alternative day off within 28 days
  3. Give the employee an additional day’s annual leave

Public Holiday Arrangements for Part-Time Employees

If part-time employee is to work on a day that is a public holiday, the following applies:

  1. The part-time employee is entitled to not go to work on that day
  2. If the part-time employee does not go to work, the employer must pay the employee for the ordinary hours that the employee was to work that day.
  3. A part-time employee who works on that day must be paid accordingly

Part-Day Public Holidays

Part-day public holidays provisions fall under the NES.

Back to top

Deductions for Breakages or Cashiering Underings

A Hospitality Award (MA000009) employer must not deduct any sum from the wages of an employee for any breakages or cashiering underings, except in the case of deliberate misconduct.

Any deductions made must be reasonable within the circumstances and proportionate to the loss of the employer.

If an employee is under the age of 18, deductions must not be made unless they have been agreed upon in writing by the employee’s parent or guardian.

 

Deductions for Provision of Employee Accommodation and Meals

An employer can deduct employee’s wages for the provision of either meals or accommodation or both, under reasonable circumstances.

If an employee is under the age of 18, deductions must not be made unless they have been agreed upon in writing by the employee’s parent or guardian.

 

Deductions for Meals

An employer can only deduct an amount from an employee’s wages for meals if:

  1. The employee does not live in accommodation provided by the employer; and
  2. The meal is provided during the employee’s normal working hours; and
  3. The employee has been informed of the amount that will be deducted from their wages for the meal and has consented.

Deductions for Accommodation and/or Meals

An employer can deduct from the wages of an adult employee, or a junior employee on adult rates, as follows:

Service provided by employer

Deduction

Payable

Single room and 3 meals a day

$215.63

per week

Shared room and 3 meals a day

$210.24

per week

Single room only; no meals

$204.85

per week

Shared room only; no meals

$199.46

per week

Back to top

Notice of Termination by an Employee

An employee must give their employer notice of termination as below:

Employee’s period of continuous service with the employer at the end of the day the notice is given

Period of notice

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

The notice that an employee is required to give is the same required of an employer, except the employee does not have to give additional notice based on their age.

If an employee who is at least 18 years old does not give the period of notice required, then the employer can deduct from wages due to the employee. However, no more than one week’s wages for the employee.

If the employer has agreed to a shorter period of notice, then no deduction can be made.

 

Job Search Entitlement

When a Hospitality Award (MA000009) employer has given notice of termination to an employee, the employee must be given up to one day off without loss of pay to seek other employment. This time off is to be taken when convenient to the employee, after consultation with the employer.

Back to top

Transfer to Lower Paid Duties on Redundancy

This applies to Hospitality Award (MA000009) employees that are transferred to new duties on a lower rate of pay, due to redundancy. The employer may:

  1. Give the employee notice of the transfer at least the same length as if it were a notice of termination; or
  2. Transfer the employee to the new duties without giving notice of transfer, providing the employer pays the employee as below.
    1. The employee is entitled to an amount equal to the difference between the ordinary rate of pay of the employee for the hours of work the employee would have worked in the first role and the ordinary rate of pay of the employee in the second role for the period for which notice was not given.

Employee Leaving During Redundancy Notice Period

An employee given notice redundancy may terminate their employment during the minimum period of notice. The employee is entitled to receive the benefits and payments they would have received had they remained in employment until the expiry of the notice.

However, the employee is not entitled to pay after the employee ceased to be employed.

Job Search Entitlement

When an employer has given notice of redundancy to an employee, the employee must be given up to one day off without loss of pay to seek other employment. This time off is to be taken when convenient to the employee, after consultation with the employer. If requested by the employer, the employee must produce proof of attendance at an interview.

Back to top