Award rates, legislation and interpretations change over time. This guide reflects the law as at the date noted above and may become outdated. Always check the current Award, Fair Work guidance and legislation before relying on this information.
The Fast Food Industry Award 2010 (MA000003) sets the minimum pay rates and employment conditions for employees working in fast food and takeaway businesses across Australia for national system employers.
This guide follows the same structure as our Restaurant and Hospitality Award guides, focusing on award coverage first, then pay-related obligations.
Fast food is a high-compliance-risk industry. Businesses commonly employ large numbers of junior and casual employees, operate extended trading hours, and apply complex penalty rules for nights, weekends and public holidays. Small classification or rostering errors can quickly result in underpayments.
This guide explains how the Fast Food Award works in practice — including award coverage, classifications, junior rates, penalties, casual conversion and common compliance traps — so employers can understand their minimum obligations before setting pay rates.
General information only — not legal advice
This guide provides general information about the Fast Food Industry Award 2010 and related workplace laws as at the date of publication. It does not constitute legal, financial or employment advice and should not be relied on as a substitute for advice specific to your business.
Quick summary for time-poor owners
This guide assumes the Fast Food Industry Award applies. Some businesses may instead be covered by a different modern award or a state-based industrial system. Award coverage must be confirmed before applying any rates or conditions described in this guide.
This guide is written for national system employers covered by the Fair Work Act. Some businesses, particularly in Western Australia, may be covered by a state industrial relations system instead. If you are unsure which system applies, confirm this before relying on this guide.
If you only skim one section, make it this one:
- The Fast Food Industry Award 2010 [MA000003] ("Fast Food Award") sets minimum pay and conditions for employees working in fast food and takeaway businesses.
- Rates are typically reviewed annually, with the current pay guide effective from the first full pay period on or after 1 July 2025.
- You must get four things right for every worker:
- Award coverage – does the Fast Food Award apply?
- Classification – Levels 1–3 and supervisory grades (different from Hospitality/Restaurant).
- Employment type – full-time, part-time or casual.
- When they work – especially evenings, weekends and public holidays.
- The Fast Food Award has unique penalty rules, including late-night penalties and public holiday loadings.
- Casuals working regular patterns may request conversion to permanent under updated laws.
Bottom line: Fast food businesses employ large numbers of juniors and casuals, making them a high-risk industry for underpayments if classifications or penalties are wrong.
Award coverage decision tree (start here before checking pay rates)
Not sure which award applies? Use this decision tree first. Follow it from top to bottom.
- Fast food systems or chains with standardised menus
- Quick service, counter-based ordering
- Drive-through or takeaway focus
- Sit-down dining with table service → Restaurant Award
- Hotels, pubs, bars, gaming venues → Hospitality Award
- Do customers usually order and pay before eating?
- Is food prepared using standardised processes/systems?
- Is service counter-based, takeaway-focused, or drive-through?
Before setting pay rates:
- Check Fair Work's Pay and Conditions Tool (PACT)
- Review the award coverage clause for your business type
- Get advice if the answer isn't clear
Important: award coverage matters
The Fast Food Award usually applies when:
- Food is prepared quickly, often using standardised menus and systems
- Customers generally order and pay before eating
- Service is counter-based, takeaway-focused, or drive-through
Typical examples include:
- Fast food chains
- Franchised takeaway outlets
- Food court fast food stores
Common confusion
Many businesses incorrectly apply:
- The Restaurant Award to fast food outlets, or
- The Hospitality Award to takeaway-only businesses
As a rough guide:
- Fast service + standardised menu → Fast Food Award
- Sit-down dining + table service → Restaurant Award
- Alcohol, accommodation or gaming → Hospitality Award
When unsure, confirm coverage using Fair Work's Pay and Conditions Tool (PACT).
Award coverage comparison
This table is a general guide only. Award coverage depends on the primary nature of the business and must be confirmed.
| Feature | Fast Food Award | Restaurant Award | Hospitality Award |
|---|---|---|---|
| Ordering style | Counter / drive-through | Table service | Mixed |
| Menu | Standardised | Variable | Variable |
| Where food is eaten | Often off-site | Mostly on-site | On-site |
| Alcohol primary | No | Sometimes | Often |
| Typical venues | Fast food outlets, food courts | Cafes, restaurants | Pubs, hotels |
What the Fast Food Award actually is
The Fast Food Award sets the minimum legal pay and conditions for businesses whose primary activity is fast food preparation and sale. Further practical guidance is available in Fair Work's fast food industry guidance.
Fast food generally includes meals, snacks, and beverages prepared for quick service, packaged to be consumed away from the point of sale, and commonly sold in food courts, shopping centres, or takeaway settings.
Not covered: Cafes, restaurants, and bars where food is mainly consumed on the premises with table service are generally not covered by the Fast Food Award.
It covers:
- Minimum hourly rates by classification and age
- Penalties for nights, weekends and public holidays
- Casual loading rules
- Allowances and special conditions
- How the Award works with the National Employment Standards (NES)
You can pay above the Award — but you cannot pay below it.
Who the Fast Food Award covers (and who it doesn't)
Commonly covered businesses
- Fast food franchises — franchised fast food businesses often benefit from consistent multi-site rostering to manage award compliance across locations
- Takeaway food shops
- Drive-through food outlets
- Food court fast food venues
Common roles
- Counter staff
- Drive-through attendants
- Food preparation staff
- Shift supervisors
- Junior crew members
- Delivery drivers (where delivery forms part of a fast food business)
Who may not be covered?
- Full-service restaurants (Restaurant Award)
- Pubs, bars, hotels (Hospitality Award)
- Independent cafés with table service
- Some senior managers may not be covered by the Award, but job titles alone do not remove Award coverage. Many fast food "managers" remain Award-covered based on their duties and pay.
2025 pay rates overview: what you must pay
Any examples, summaries or references to pay rates in this guide are illustrative only. Actual pay rates depend on classification, age, employment type, penalties, overtime and allowances, and must be confirmed using the official Fair Work pay guide. Do not copy-paste rates without checking classification, age, and penalties.
Current rates are published in the Fair Work pay guides and updated following each Annual Wage Review.
How to find the correct pay rate:
- Confirm award coverage – is the Fast Food Award the correct award?
- Identify classification – Level 1, 2, 3 or supervisory grade based on duties
- Apply junior percentage – if the employee is under 21, apply the age-based percentage
- Apply employment type – full-time, part-time, or casual (add 25% loading)
- Apply penalties and allowances – based on when and how the work is performed
Important: Classification structure
The Fast Food Industry Award uses its own classification structure, which is different from the Restaurant and Hospitality Awards. Employee classification must be determined by comparing the employee's actual duties, skills and responsibilities against the Award definitions. Job titles, seniority or pay alone do not determine classification.
Employees are generally classified as:
- Levels 1–3 (crew and non-supervisory employees), and
- Supervisory grades (for employees with formal supervisory duties).
Supervisory grades generally apply where an employee has formal responsibility for supervising staff, allocating work, or managing a shift, beyond informal guidance.
Classification snapshot
Indicative examples only. Always check duties against Award definitions.
| Classification | Typical duties (summary only) | Common mistakes |
|---|---|---|
| Level 1 | Entry-level duties, close supervision | Paying Level 1 after training completed |
| Level 2 | Trained crew, some independence | Not upgrading after skills gained |
| Level 3 | Skilled duties, may guide others | Confusing with supervisor grade |
| Supervisory grades | Formal supervision, shift control | Assuming "manager" title is enough |
Pay rates depend on classification, age, employment type, and when the work is performed. Always use the official Fair Work pay guide rather than example figures. Because fast food awards have complex junior rates and penalties, accurate award interpretation is essential when setting pay.
Juniors: the biggest fast food risk area
Junior rates are age-based percentages of adult rates and change as employees get older. Employers must ensure pay rates are updated when junior employees reach a new age milestone.
Fast food businesses commonly employ junior workers, often under 18.
Key points:
- Junior rates are a percentage of adult rates
- Rates vary by age and classification
- Late nights, weekends and public holidays still attract penalties
Warning: Failing to apply correct junior rates is one of the most common Fair Work breaches in fast food.
Tip: Businesses should have a process to review and update junior pay rates when employees have birthdays, as rates change at each age milestone.
Junior age progression
| Age milestone | What changes | Employer action required |
|---|---|---|
| Birthday reached | Junior % increases | Update pay rate |
| Classification change | Higher base applies | Reassess rate |
| Penalty hours worked | Higher rate applies | Apply penalties |
Tip: Automating birthday-based rate reviews reduces underpayment risk.
Employment types in fast food
Full-time
- Around 38 hours per week
- Paid leave entitlements under the NES
Part-time
- Regular, agreed pattern of hours
- Working outside the agreed part-time hours may result in overtime or penalty rates, depending on the time worked and Award rules
Casual
- Paid a 25% casual loading
- No paid leave
- Regular patterns over time can create casual conversion obligations
Minimum engagement periods
The Fast Food Award requires minimum shift lengths for most employees.
In many cases:
- Casual employees must be paid for a minimum of 3 consecutive hours per shift, and
- Part-time employees also have minimum engagement requirements.
Rostering shorter shifts without paying the minimum engagement can result in underpayments.
Split shifts are not permitted under the Fast Food Award.
Employment type comparison
| Employment type | Hours | Leave | Key risks |
|---|---|---|---|
| Full-time | ~38/week | Paid leave | Overtime errors |
| Part-time | Agreed pattern | Paid leave | Working outside agreed hours |
| Casual | Irregular | No paid leave | Long-term regular patterns |
Casual conversion in fast food
Casual conversion rules are complex and depend on factors such as employment start date, business size and legislative transition arrangements. This section is a general summary only and does not cover all scenarios. Additional eligibility limits can apply in some circumstances, such as where a recent conversion request has been refused or is in dispute.
Eligible casuals can give their employer written notice of their intention to change to permanent employment under the employee choice pathway (employers can only refuse for limited reasons).
In simple terms, a casual may request conversion if:
- They have worked regularly for 6 months (12 months for small businesses); and
- Their hours appear ongoing and predictable.
If conversion occurs:
- Casual loading stops
- Paid leave begins
- Part-time or full-time rules apply
Transitional rules depend on hire date and business size, so advice is recommended before refusing a request. Managing casual patterns is easier with clear staff availability management and controlled shift swaps, helping identify when work becomes regular and predictable.
Penalty rates & overtime in fast food
Penalty and overtime rules vary depending on the day, time, classification and employment type. These rules differ from other awards and must be checked against the Fast Food Industry Award before being applied.
Ordinary hours and span of hours
The Fast Food Award sets specific ordinary hours and spans of hours during which employees can be rostered without overtime.
Ordinary hours are also limited to specific times of day (the "span of hours"). Work performed outside those times may attract penalties or overtime even if total weekly hours are not exceeded.
Importantly, late-night penalties can apply before midnight, and these rules differ from both the Restaurant and Hospitality Awards.
Employers must check the Award carefully — copying penalty assumptions from other awards can result in underpayments. Penalty rates depend heavily on when work is performed, making accurate staff rostering critical for fast food businesses.
Key rules to watch (high underpayment risk)
- Maximum ordinary hours: 38 per week (can be averaged) and 11 per day
- Split shifts aren't allowed under this Award
- Minimum engagement is 3 consecutive hours
- Overtime applies in common scenarios such as working outside agreed part-time hours, outside rostered hours, or more than 11 hours in a day
Automated roster warnings can help flag shifts that may breach minimum engagement, late-night or overtime rules.
Penalty rates often apply for:
- Evenings and late nights
- Saturdays
- Sundays
- Public holidays
Overtime can apply when:
- Daily or weekly limits are exceeded
- Rosters breach ordinary span rules
Important: Fast food penalties differ from both Restaurant and Hospitality Awards — copying rates between awards is unsafe.
Public holidays
Work performed on public holidays generally attracts higher penalty rates.
The Award also includes rules about:
- Substituting public holidays
- Minimum engagement on public holidays
- How public holidays interact with part-time agreed hours
These rules should be checked carefully before rostering staff.
Meal and rest breaks
The Fast Food Award sets rules around:
- Unpaid meal breaks, and
- Paid rest breaks
Break timing and entitlement depend on the length of the shift.
Failing to provide required breaks or recording them incorrectly is a frequent compliance issue in fast food businesses.
Penalties and overtime triggers
This table does not list actual rates. Always check the official pay guide.
| Situation | What may apply | Action required |
|---|---|---|
| Late night work | Penalty rates | Check Award |
| Weekend work | Penalty rates | Confirm day/time |
| Public holidays | Higher penalties | Check substitution rules |
| Long shifts | Overtime | Review daily limits |
Allowances you should be aware of
Allowances only apply in specific circumstances and are subject to strict conditions. Not all employees will be entitled to every allowance listed in this section.
Depending on circumstances, allowances may include:
- Vehicle allowance – applies when an employee is required to use their own vehicle for work (e.g., deliveries). Paid per kilometre. Does not apply when a company vehicle is provided.
- Uniform or special clothing allowances – only apply in limited circumstances, such as where an employee is required to purchase and maintain a distinctive uniform at their own expense. Most employer-provided branded uniforms do not automatically attract an allowance.
- Laundry allowance – may apply where employees are required to launder their own uniforms
- Meal allowance – may apply in certain overtime situations
- Other task-based allowances
Amounts and triggers are set out in the official pay guide.
Leave & super
Leave and superannuation entitlements are governed by both the Fast Food Industry Award and the National Employment Standards. This section provides a general overview only.
Permanent employees receive:
- Paid annual leave
- Paid personal/carer's leave
- Other NES entitlements
Casual employees:
- Do not receive paid leave
- Receive casual loading instead
Annual leave loading
Annual leave loading is the greater of: 17.5% of the minimum hourly rate or the relevant weekend penalty rates the employee normally receives.
Failure to apply leave loading is a common underpayment issue identified by Fair Work.
Superannuation
Employers must pay superannuation on ordinary time earnings in accordance with superannuation law.
This generally applies to adult and junior employees, including casuals, subject to current contribution rules.
Step-by-step compliance plan for fast food businesses
This compliance plan is a general guide only and does not guarantee compliance in every situation. Employers remain responsible for ensuring their own compliance with workplace laws.
- Confirm the Fast Food Award applies
- Download the latest pay guide
- Classify employees correctly
- Apply junior rates carefully
- Check penalties for nights/weekends
- Review casuals regularly
- Keep accurate records
- Maintain compliant time, wage, and payslip records — poor records can shift the burden of proof to the employer in Fair Work investigations
This includes keeping accurate time records, rosters, payslips, and wage calculations. Accurate time and attendance records are essential if Fair Work investigates underpayment claims. Using payroll integration can reduce data entry errors and help ensure correct rates flow through to payroll systems such as Xero or MYOB.
Tip: Good records are essential if Fair Work investigates.
Common mistakes in fast food businesses
- Applying Restaurant or Hospitality Award rates by mistake
- Incorrect junior pay percentages
- Ignoring late-night penalties
- Long-term casuals with fixed rosters
- Poor record keeping, particularly where start and finish times aren't verified through GPS-based time tracking or photo proof of attendance
- Rostered split shifts (not allowed under this Award)
- Overtime triggered by poor records of agreed roster changes
- Failing to update junior pay rates as employees age
- Failing to pay vehicle allowance when employees use their own vehicles for deliveries
Final takeaways
- Fast food is a high-compliance-risk industry
- Junior rates and penalties are the biggest traps
- Awards are not interchangeable
- Regular reviews using roster reporting and workforce analytics can help identify compliance risks before they become underpayment issues
Related award guides
- Restaurant Award Rates 2025–2026 – A practical guide to pay rates, penalties and compliance
- Hospitality Award Rates 2025 – A practical guide to pay rates, penalties and compliance
Links to external websites are provided for convenience only. We do not control and are not responsible for the content, accuracy or availability of external sites.
Before making employment decisions or setting pay rates, consider obtaining independent professional advice tailored to your business.
Appendix A – Fast Food Award classification examples
Disclaimer: Classification examples are indicative only. Actual classification must be determined by comparing the employee's current duties, skills and responsibilities against the Fast Food Industry Award classification definitions.
Use this as a starting point, then confirm against the Award's classification definitions.
| Common fast food role | Likely classification | What to look for |
|---|---|---|
| Crew member (entry duties) | Level 1 | New employee, basic duties, close supervision, limited experience |
| Trained crew | Level 2 | Completed initial training, works with some independence, may assist new staff |
| Experienced crew (in charge of 1 or no persons) | Level 3 | Skilled duties, works independently, in charge of 1 or no other employees |
| Experienced crew (in charge of 2 or more persons) | Level 3 | Skilled duties, works independently, in charge of 2 or more other employees |
| Shift supervisor / team leader | Appropriate supervisory grade | Formal supervision, training coordination, shift responsibility |
Warning: Job titles alone do not determine classification. Always assess actual duties against the Award definitions.