Commission's Own Motion -v- (Not applicable)
Document Type: Order
Matter Number: APPL 4/2020
Matter Description: Application to vary Restaurant, Tearoom and Catering Workers' Award
Industry: Hospitality
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Kucera
Delivery Date: 12 Aug 2025
Result: Award varied
Citation: 2025 WAIRC 00686
WAIG Reference:
APPLICATION TO VARY RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM COMMISSIONER T KUCERA
DATE TUESDAY, 12 AUGUST 2025
FILE NO/S APPL 4 OF 2020
CITATION NO. 2025 WAIRC 00686
Result Award varied
Representation
MR B ENTREKIN ON BEHALF OF THE HON. MINISTER FOR INDUSTRIAL RELATIONS
Mr G Hansen on behalf of UnionsWA
Mr R James on behalf of United Workers Union (WA)
Ms B Grubor on behalf of the Australian Hotels Association Western Australia
Order
HAVING heard from Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations, Mr G Hansen on behalf of UnionsWA, Mr R James on behalf of United Workers Union (WA), and Ms B Grubor on behalf of the Australian Hotels Association Western Australia,, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT the Restaurant, Tearoom and Catering Workers’ Award be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from 31 July 2025.
COMMISSIONER T KUCERA
SCHEDULE
Restaurant, Café and Catering (WA) Award
PART 1 – APPLICATION AND OPERATION
1. TITLE
This award is known as the Restaurant, Café and Catering (WA) Award.
2. ARRANGEMENT
Part 1 – Application and Operation
1. Title
2. Arrangement
3. Scope
4. Area
5. Definitions
Part 2 – Contract of Employment
6. Contract of employment and termination
7. Introduction of change
8. Redundancy
9. Anti-discrimination
10. Full time employment
11. Part time employment
12. Casual employment
Part 3 – Hours of Work
13. Ordinary hours of work
14. Penalty rates
15. Rosters
16. Meal breaks and rest periods
17. Overtime
Part 4 – Leave and Public Holidays
18. Public holidays
19. Annual leave
20. Personal leave
21. Long service leave
22. Bereavement leave
23. Parental leave
24. Family and domestic violence leave
Part 5 – Rates of Pay
25. Wages
26. Minimum adult award wage
27. Option for annualised salary
28. Payment of wages
29. Higher duties
30. Supported wage system
31. Traineeships
32. Superannuation
Part 6 – Allowances and facilities
33. Location allowance
34. Meal allowance
35. Split shift allowance
36. Uniforms and laundering
37. Meals and/or accommodation
38. Protective clothing
39. Work equipment
40. Travelling facilities
41. First aid kit
42. Union facilities
Part 7 – Dispute Resolution
43. Dispute resolution procedure
Part 8 – Record Keeping, Payslips and Right of Entry
44. Employment records and pay slips
45. Right of entry
Part 9 – Named Parties
46. Named parties to the award
Schedule A – Classifications
Schedule B – School Canteen Employees
Schedule C – No reduction
3. SCOPE
3.1 This award applies to all employers (including catering employers) in the restaurant and catering industry, as defined in Clause 5 – Definitions of this award, and their employees employed in the classifications specified in Clause 25 – Wages of this Award.
3.2 This award also applies to:
(a) employers that supply labour on an on-hire basis to host employers in the restaurant and catering industry in respect of on-hire employees employed in the classifications mentioned in this Award, and those onhire employees, while engaged in the performance of work covered by this Award; and
(b) employers that provide group training services for apprentices and/or trainees in the restaurant and catering industry in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this Award, and those apprentices and/or trainees, while engaged by a host employer in the performance of work covered by this Award.
3.3 This Award does not apply to employers and employees who are covered by the following awards:
(a) Fast Food Outlets Award 1990.
(b) Club Workers’ Award.
(c) Hotel and Tavern Workers’ Award.
(d) Motel, Hostel, Service Flats and Boarding House Workers’ Award.
(e) Shop and Warehouse (Wholesale and Retail Establishments) State Award.
3.4 This Award does not apply to employers and employees who are subject to the national industrial relations system.
4. AREA
4.1 This Award has effect throughout Western Australia.
4.2 This Award has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this Award.
Note: for a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see s 3(2) of the Industrial Relations Act 1979. Indicators include but are not limited to, whether the employer is:
● domiciled or resident in, or has a place of business in, the State; or
● registered, incorporated, or established under a law of the State; or
● the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a public authority.
5. DEFINITIONS
Catering employer means any employer whose primary business is to provide catering and ancillary services for any social, commercial, industrial or other purpose or function.
Non-working day means a day of the week an employee is not rostered to work ordinary hours.
Reasonable evidence means evidence that would satisfy a reasonable person.
Restaurant and catering industry means:
(a) any restaurant, café, coffee shop, tearoom, dining or meal room, cafeteria, canteen, takeaway or fast food establishment (excluding those establishments covered by the Fast Food Outlets Award 1990); and
(b) any place, building, stand, stall, tent, vehicle or boat or part of such, in or from which food and/or drinks are sold or served for consumption on the premises, including any establishment or place where food is prepared and/or cooked to be sold or served for consumption elsewhere; and
(c) the provision of catering services where meals and/or light refreshments and/or drinks are served and provided in any building or place for weddings, parties, dances, social functions, theatres, festivals, fairs, exhibition buildings, cultural centres, convention centres, entertainment centres, racecourses, showgrounds, sporting grounds, and the like.
Spread of shift means the time which elapses from the employee’s actual starting time to the employee’s actual finishing time on each work day.
Standard hourly rate means the minimum hourly rate of pay for a full time or part time Level 4 employee as set out in Clause 25 – Wages of this award.
Standard meal allowance means an allowance that is equal to the amount prescribed for meals under Clause 21.2 of the Restaurant Industry Award 2020.
Note: The Restaurant Industry Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The meal allowance contained in Clause 21.2 of the Restaurant Industry Award is usually adjusted from 1 July each year.
Standard split shift allowance means an allowance that is equal to the amount prescribed under clause 21.3 of the Restaurant Industry Award 2020.
Note: The Restaurant Industry Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The split shift allowance contained in Clause 21.3 of the Restaurant Industry Award is usually adjusted from 1 July each year.
Standard tool and equipment allowance means an allowance that is equal to the amount prescribed under clause 21.4 of the Restaurant Industry Award 2020.
Note: The Restaurant Industry Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The tool and equipment allowance contained in Clause 21.4 of the Restaurant Industry Award is usually adjusted from 1 July each year.
Part 2 – Contract of Employment
6. CONTRACT OF EMPLOYMENT AND TERMINATION
6.1 Types of employment
An employee may be employed on a full time, part time or casual basis.
6.2 Probation
A newly hired full time or part time employee may be subject to a probation period not exceeding 3 months. The purpose of the probation period is to enable the employee and employer to assess each other for suitability for ongoing employment.
6.3 Stand down
An employer may stand down without pay any employee who cannot be usefully employed due to the following circumstances:
(a) industrial action by employees or any union, association or organisation; or
(b) a breakdown or failure of the employer's machinery or any stoppage of work by any cause the employer cannot reasonably prevent.
6.4 Termination of employment
Notice of termination by employer – full time and part time employees
(a) In order to terminate the employment of a full time or part time employee the employer must give the employee the following notice in writing.
Period of continuous service with the employer
Minimum period of notice
Not more than 1 year
1 week
More than 1 year but less than 3 years
2 weeks
More than 3 years but less than 5 years
3 weeks
More than 5 years
4 weeks
(b) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed 2 years' continuous service with the employer, is entitled to one week's notice in addition to the notice prescribed in Clause 6.4(a).
(c) Payment in lieu of the notice prescribed in Clauses 6.4(a) and 6.4(b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu.
(d) In calculating any payment in lieu of notice, the employer must pay the employee an amount that is equal to, or exceeds, the total of all amounts that, if the employee's employment had continued until the end of the required notice period, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be worked out on the basis of:
(i) the employee's ordinary hours of work (even if they are not standard hours); and
(ii) the amounts ordinarily payable to the employee in respect of those hours, including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's contract of employment.
(e) The period of notice in this subclause does not apply to those employees who are exempt from receiving notice under Subdivision A of Division 11 of Part 2-2 of the Fair Work Act 2009, as amended from time to time.
(f) For the purpose of this subclause an employee’s continuity of service has the same meaning as prescribed in section 22 of the Fair Work Act 2009.
6.5 Notice of termination by employee – full time and part time employees
A full time or part time employee must give the employer notice of termination in accordance with the following table.
Period of continuous service with the employer
Minimum period of notice
Not more than 1 year
1 day
More than 1 year but not more than 2 years
1 week
More than 2 years
2 weeks
6.6 Casual employees
An employer or employee may terminate a casual employment arrangement with one hour’s notice.
6.7 Time off during notice period – full time and part time employees
(a) During a period of notice of termination given by the employer, an employee will be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee in consultation with the employer.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee may, at the request of the employer, be required to produce proof of attendance at an interview or they will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
6.8 Statement of employment
An employer must, in the event of termination of employment, provide upon request to the employee who has been terminated, a written statement specifying the period of employment and the classification or type of work performed by the employee.
7. INTRODUCTION OF CHANGE
7.1 Employer's duty to notify
(a) Where an employer has made a decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and, if an employee nominates a union to represent them, the union.
(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and restructuring of jobs.
7.2 Employer's duty to discuss change
(a) The employer must consult with the employees affected and, if an employee nominates a union to represent them, the union, about the introduction of the changes referred to in Clause 7.1, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals) and measures to avoid or minimise the adverse effects of the changes on employees, and must give prompt consideration to matters raised by the employees and/or their union in relation to the changes.
(b) The discussion must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Clause 7.1.
(c) For the purpose of the consultation, the employer must provide in writing to the employees concerned and, if an employee nominates a union to represent them, the union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer is not required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.
8. REDUNDANCY
8.1 Consultation before terminations
(a) Where an employer has made a decision that the employer no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to termination of employment, the employer must consult with the employees directly affected and, if an employee nominates a union to represent them, the union.
(b) The consultation must take place as soon as is practicable and cover, amongst other matters, the reasons the proposed terminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees.
(c) For the purposes of the consultation the employer must, as soon as practicable, provide in writing to the employees concerned and, if an employee nominates a union to represent them, the union, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out.
(d) The employer is not required to disclose confidential information the disclosure of which would be adverse to the employer's interests.
8.2 Transfer to lower paid duties
(a) Where an employee is transferred to lower paid duties for reasons of redundancy, the employee is entitled to the same period of notice of transfer they would have been entitled to if they had been terminated.
(b) The employer may, at the employer’s option, make payment in lieu of notice for an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract of employment.
8.3 Severance pay
(a) In addition to the period of notice provided in Clause 6 – Contract of employment and termination, and subject to any further order of the Commission, employers who employ 15 or more employees must pay the following amount of severance to any full time or part time employee whose employment is terminated by reason of redundancy.
Period of continuous service
Severance pay
Less than 1 year
nil
1 year and less than 2 years
4 weeks’ pay
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 years
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay
“Weeks’ pay” means the ordinary time rate of pay for the employee concerned. Provided that such rate excludes:
(i) overtime;
(ii) penalty rates;
(iii) disability allowances;
(iv) shift allowances;
(v) special rates;
(vi) fares and travelling time allowances;
(vii) bonuses; and
(viii) any other ancillary payments of a like nature.
(b) Severance payments will not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
(c) For the purpose of this clause continuity of service will not be broken on account of:
(i) any interruption or termination of the employment by the employer if the interruption or termination has been made with the intention of avoiding the obligations of this clause in respect of leave;
(ii) any absence from work where leave has been granted by the employer; or
(iii) any absence with reasonable cause, if the employee can supply sufficient proof.
Provided that in the calculation of continuous service any time an employee is absent from work, except time for which the employee is entitled to claim paid leave, will not count as time worked.
(d) Service by an employee with a business which has been transferred from one employer to another will also constitute continuous service for the purpose of this clause, provided the employee’s service has been deemed continuous in accordance with Part II, Division 3 of the Long Service Leave Act 1958.
8.4 Employee leaving during notice
Where an employee is terminated because of redundancy, the employee may resign from their employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause as they would be if they had remained with the employer until the expiry of the notice. However, in this situation, the employee will not be entitled to payment in lieu of notice in accordance with Clause 6 – Contract of employment and termination.
8.5 Alternative employment
An employer, in a particular redundancy case, may apply to the Commission to have the severance payment varied if the employer obtains acceptable alternative employment for an employee.
8.6 Transmission of business
(a) The provisions of this clause are not applicable where a business is transferred from one employer to another employer in any of the following circumstances:
(i) Where the employee accepts employment with the new employer which recognises the period of continuous service which the employee had with the old employer (and any other prior employers for that business) to be continuous service of the employee with the new employer; or
(ii) Where the employee rejects an offer of employment with the new employer:
(aa) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the old employer; and
(bb) which recognises the period of continuous service which the employee had with the old employer (and any other prior employers for that business) to be continuous service with the new employer.
(b) The Commission may vary the provisions of Clause 8.6(a) if it is satisfied that it would operate unfairly in a particular case.
8.7 Notice to Centrelink
Where a decision has been made to terminate employees due to redundancy, the employer must notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of employees normally employed and the period over which the terminations are intended to be carried out.
8.8 Employees exempted
(a) This clause does not apply where employment is terminated as a consequence of conduct that justifies instant dismissal or to casual employees.
(b) Apart from the requirement to consult with affected employees in accordance with Clause 8.1, this clause does not apply to apprentices, trainees, probationary employees or employees engaged for a specific period of time or for a specified task or tasks.
8.9 Incapacity to pay
An employer in a particular redundancy case may apply to the Commission to have the severance pay varied on the basis of the employer’s incapacity to pay.
9. ANTI-DISCRIMINATION
9.1 It is the intention of the parties to this award to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of those attributes prescribed in the Equal Opportunity Act 1984 including, but not limited to, age, breastfeeding, family responsibility, family status, gender history, impairment, marital status, political conviction, pregnancy, race, religious conviction, sex, sexual orientation and publication of details on the Fines Enforcement Registrar’s website.
9.2 Accordingly, in fulfilling their obligations under Part 7 – Dispute Resolution of this award, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
10. FULL TIME EMPLOYMENT
10.1 A full time employee is a person who is engaged to work 76 hours per fortnight.
11. PART TIME EMPLOYMENT
11.1 A part time employee is a person who is engaged to work at least 20 and fewer than 76 ordinary hours per fortnight.
11.2 A part time employee must be engaged and paid for at least 3 consecutive hours of work on each occasion they are required to attend work.
11.3 A part time employee must be paid the applicable minimum hourly rate of pay under Part 5 – Rates of Pay.
11.4 A part time employee is entitled to overtime under Clause 17 – Overtime and penalty rates under Clause 14 – Penalty rates.
11.5 Notwithstanding any other provision of this award, a part time employee and their employer may, by agreement, increase the ordinary hours to be worked in any particular fortnight to a maximum of 76 ordinary hours. These extra hours are to be paid for at ordinary rates of pay.
12. CASUAL EMPLOYMENT
12.1 A casual employee is a person who is engaged and paid as such, applying s 7B of the Industrial Relations Act 1979.
12.2 A casual employee may be engaged for a maximum of 76 ordinary hours per fortnight.
12.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
12.4 In addition to the minimum hourly rate of pay under Clause 25 – Wages, a casual employee must be paid the following loading for ordinary hours of work:
Day
Additional Loading
Monday to Friday inclusive
25%
Saturdays and Sundays
50%
Public Holidays
125%
NOTE: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
12.5 When a shift commences on one day and ends on the following day, each hour worked will be paid at the rate applying to the day on which that hour of work is actually performed.
12.6 A casual employee is entitled to overtime under Clause 17 – Overtime.
Part 3 – Hours of Work
13. ORDINARY HOURS OF WORK
13.1 All employees
(a) The ordinary hours of work are to be rostered so an employee is not required to commence work on more than 10 days in each fortnight.
(b) The ordinary hours of work are exclusive of meal breaks.
(c) Where an ordinary hours work period commences prior to midnight on any day, that work period is deemed to have been worked on the day the ordinary hours work period commenced. However, the employee must be paid the appropriate penalty rates and loadings according to the actual hours worked in that work period.
(d) The employer has the right to roster the ordinary hours of work for each employee according to the needs of the business, but the employer must, in the following circumstances, seek the agreement of each employee:
(i) where the employee is to be rostered over more than 7 consecutive days; or
(ii) where the ordinary hours of work exceed 8 on any day.
(e) Where an employee’s roster includes work periods where more than 8 ordinary hours are regularly worked, 2 of the employee’s non-working days must be consecutive.
(f) The roster for each employee must provide for a minimum of 10 consecutive hours’ break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day.
(g) A break of less than 10 but not less than 8 consecutive hours may apply in the following circumstances:
(i) a change in shift at the employee’s request;
(ii) a changeover of the roster;
(iii) by agreement between the employer and employee (recorded and signed by both parties in the time and wages record on each occasion).
13.2 Full time employees
(a) A full time employee must not be rostered for less than 4 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a full time employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 3 consecutive hours (exclusive of meal breaks).
13.3 Part time employees
(a) A part time employee must not be rostered for less than 3 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a part time employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 3 consecutive hours (exclusive of meal breaks).
13.4 Casual employees
(a) A casual employee must not be rostered for less than 2 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a casual employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 2 consecutive hours (exclusive of meal breaks).
13.5 Requests for flexible working arrangements
Part 4A of the Minimum Conditions of Employment Act 1993 deals with requests for flexible working arrangements.
14. PENALTY RATES
14.1 Weekday evenings (full time and part time employees only)
A full time or part time employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday (inclusive), must be paid 10% of the Standard hourly rate for each such hour or part thereof worked, in addition to their ordinary hourly rate.
14.2 All employees
An employer must pay an employee the following penalty rates for work performed during ordinary hours:
Day worked
Full time and part time employees
Casual employees
% of hourly rate
% of hourly rate (inclusive of casual loading)
Saturday
50%
50%
Sunday
50%
50%
Public holiday
150%
125%
NOTE: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
15. ROSTERS
15.1 The following rostering provisions apply to full time and part time employees.
15.2 A roster of ordinary working hours must be exhibited in each establishment in a place that is readily seen by employees or distributed through accessible electronic means.
15.3 The roster must show:
(a) the name of each employee; and
(b) the hours to be worked by each employee, each day, including starting and finishing times.
15.4 The roster may be inspected as an employment record pursuant to Part II, Division 2F – Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979.
15.5 Rosters must be published at least one week in advance, and may only be altered:
(a) on account of an employee’s absence on personal leave or other unplanned leave; or
(b) by the employer giving at least 3 days’ notice of an alteration; or
(c) by mutual consent between the employer and employee (recorded and signed by both parties in the time and wages record).
16. MEAL BREAKS AND REST PERIODS
16.1 Each employee is entitled to an unpaid meal break of between 30 minutes and one hour after not more than 6 hours of work.
16.2 Where it is not possible for the employer to grant a meal break on any day, the meal break must be treated as time worked and the employee must be paid 50% of their ordinary hourly rate extra:
(a) from when the meal break was due to be taken;
(b) until either the employee is allowed to take the break or the shift ends.
16.3 Where an employee is required to work 6 or more consecutive hours in a shift the employee is also entitled to one paid rest break of 10 minutes, to be taken at a time agreed between the employer and the employee. The employer must not require the paid rest break be taken in the first or last hour of any shift.
16.4 An employee must not be required to work more than 6 hours consecutively before either a paid or unpaid break is taken.
17. OVERTIME
17.1 Overtime is payable for all work performed by an employee (including a casual employee) outside of the rostered ordinary hours of work or outside the maximum daily spread of hours.
Note: For casual employees, overtime is calculated on the base rate of pay (excluding the casual loading).
17.2 (a) Overtime worked between Monday and Friday (inclusive), must be paid for at the rate of time and a half for the first 2 hours and double time after 2 hours.
(b) All overtime worked on a Saturday or Sunday must be paid for at the rate of double time.
(c) All overtime worked on a Public Holiday must be paid for at the rate of double time and one half.
17.3 If an employee is recalled to work overtime after leaving the employer's establishment, the employee must be paid for at least 3 hours at overtime rates.
17.4 (a) Wherever reasonably practicable overtime will be arranged so that employees have at least 8 consecutive hours off duty between the work of successive days.
(b) Where an employee (other than a casual employee) works so much overtime that there are fewer than 8 hours between finishing overtime on one day and commencing ordinary work on the next day, the employee will be released until they have had at least 8 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
(c) If, on the instructions of the employer, an employee (other than a casual employee) resumes work or continues work without having had 8 consecutive hours off duty, the employee must be paid at double time until they are released from duty and they are then entitled to be absent until they have had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.
17.5 In the calculation of overtime each day stands alone, except:
(a) when an employee works overtime which continues beyond midnight on any day, the time worked after midnight is deemed to be part of the previous day's work for the purpose of this clause; and
(b) the overtime work must be paid for at the overtime rate applicable for the day upon which the overtime work is actually performed.
Example: An employee who works 3 hours of overtime between 11.00pm on Friday and 02:00 am on Saturday would be paid for time and one half for the first hour of overtime (between 11.00pm and 12 midnight on the Friday) and double time for the next 2 hours (between 12 midnight and 02:00am on the Saturday).
17.6 An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. If such an arrangement is entered into:
(a) The time off must be equivalent to the overtime rate that otherwise would have been paid.
Example: An employee who worked 2 overtime hours at the rate of time and one half is entitled to 3 hours’ time off.
(b) The time off must be taken within 8 weeks of it being accrued (at a time agreed between the employer and the employee) or be taken in conjunction with a future period of annual leave.
(c) An employee who is unable to take the time off in accordance with Clause 17.6(b) must be paid for the time off not taken.
(d) Upon termination, an employee must be paid for all accrued time off which remains owing to the employee.
17.7 (a) An employer may require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i) any risk to the employee’s health and safety that might reasonably be expected to arise if the employee worked the overtime;
(ii) the employee's personal circumstances (including any family responsibilities);
(iii) the conduct of the operations or business in relation to which the employee is required or requested to work the overtime;
(iv) any notice given by the employer of the requirement or request that the employee work the overtime;
(v) any notice given by the employee of the employee’s intention to refuse to work the overtime;
(vi) whether any of the overtime is on a public holiday in the area of the State where the employee is required or requested to work the overtime;
(vii) the employee’s hours of work over the 4 weeks ending immediately before the employee is required or requested to work the overtime; and
(viii) any other relevant matter.
Part 4 – Leave and Public Holidays
18. PUBLIC HOLIDAYS
18.1 The following days or the days observed in lieu will be allowed as paid public holidays for full time and part time employees:
· New Year's Day,
· Australia Day,
· Labour Day,
· Good Friday,
· Easter Sunday,
· Easter Monday,
· Anzac Day,
· Western Australia Day,
· Sovereign's Birthday,
· Christmas Day
· Boxing Day.
Note: Part time employees are entitled to the above public holidays if they would ordinarily work on the day the public holiday falls on.
18.2 When any of the days mentioned in Clause 18.1 fall on a full time employee’s non-working day, the public holiday is to be observed on the next rostered working day. In this case the substituted day is a public holiday with pay and the day for which it is substituted is not a public holiday.
18.3 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under this award. Any such agreement must be in writing and be signed by the employer and the employee.
18.4 Where a day is proclaimed as a public holiday or public half-holiday under section 7 of the Public and Bank Holidays Act 1972, either throughout the State or within a district or locality as is specified in the proclamation, that day will be a public holiday or a public half-holiday for the purposes of this award within the area specified in the proclamation.
18.5 All employees required to work on a public holiday must be paid for a minimum of 4 hours work. The 4-hour minimum does not apply in the case of an employee who, having commenced an ordinary hours shift on the day preceding the public holiday, works less than 4 hours on the public holiday.
Note: The Minimum Conditions of Employment Act 1993 deals with the right of employees to be absent from work on a public holiday, the right of employers to request an employee to work on a public holiday, and the rights of an employee to refuse a request to work on a public holiday.
18.6 Alternate arrangements (full time and part time employees only)
(a) An employer may reach agreement with a full time or part time employee for the employee to receive time off in lieu of public holiday penalty rates. In this situation the employee is paid at ordinary time rates for each hour worked and they must then be rostered off duty in ordinary hours (without deduction of pay) for a period equal to the number of hours worked on the public holiday multiplied by time and a half.
Example: An employee who works 4 hours on a public holiday would be paid for 4 hours at ordinary rates, and they would then be entitled to a further 6 hours of time off in lieu.
(b) The rostered time off referred to in Clause 18.6(a) must be taken within 8 weeks of the date of accrual at a time agreed between the employer and employee. Alternatively, the employer and employee may agree to the rostered time off being taken in conjunction with a future period of annual leave.
(c) If the rostered time off referred to in Clause 18.6(a) is not taken within 8 weeks of the date of accrual, or in conjunction with a future period of annual leave, the employer must make payment for the rostered time off in the employee’s next pay period.
(d) On termination, an employee must be paid for all rostered time off in lieu of public holidays that remains owing to the employee.
19. ANNUAL LEAVE
19.1 Annual leave is a minimum condition of employment provided for in the Minimum Conditions of Employment Act 1993.
Note: The provisions of this clause only detail annual leave provisions that are additional to and/or more favourable than what is contained in the Minimum Conditions of Employment Act 1993.
19.2 Transfer of business
Where a business has been transferred from one employer to another and the employee's service has been deemed continuous in accordance with section 7H of the Long Service Leave Act 1958, any annual leave accrued with the old employer will transfer to the new employer and may be taken in accordance with this clause and the Minimum Conditions of Employment Act 1993.
19.3 Taking annual leave
(a) Annual leave is to be taken at times agreed between the employer and employee.
(b) An employer and employee may agree to the employee taking annual leave in advance of it accruing.
Note: under the Minimum Conditions of Employment Act 1993 annual leave accrues on a weekly basis.
(c) If an employee’s employment terminates and the employee has taken a period of annual leave that exceeds what the employee has accrued, the employee is liable to pay the employer an amount representing the difference between the amount received by the employee for the period of leave taken and the amount payable for the leave that otherwise would have accrued.
19.4 Annual leave loading
(a) During a period of annual leave an employee must be paid annual leave loading. The loading is whichever is the higher of:
(i) 17.5% of the employee’s ordinary rate of pay; or
(ii) any additional rates prescribed by this award for work performed in ordinary hours, if the employee would otherwise have worked those hours had they not been on annual leave.
(b) The loading prescribed by Clause 19.4(a) does not apply to pro rata leave paid out on termination that does not relate to a completed year of service.
19.5 The provisions of Clause 19 – Annual leave do not apply to casual employees.
20. PERSONAL LEAVE
20.1 Personal leave is provided for in the Minimum Conditions of Employment Act 1993.
Note: The provisions of this clause only detail personal leave provisions that are additional to and/or more favourable than what is contained in the Minimum Conditions of Employment Act 1993.
20.2 Adjustment of personal leave
If, in the first or successive years of service with the employer, an employee is absent on personal leave for a period longer than the employee’s accrued entitlement to paid personal leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate if before the end of that year of service, to the extent that the employee has become entitled to further paid personal leave during that year of service.
20.3 Replacement of paid personal leave during annual leave
(a) Subject to the provisions of this subclause, an employee who suffers personal ill health or injury during annual leave may apply for and the employer must grant paid personal leave in place of paid annual leave.
(b) An application to replace annual leave with paid personal leave:
(i) must be made within 7 days of resuming work; and
(ii) is only available if the employee produces a certificate from a medical practitioner confirming they were confined to their residence or a hospital as a result of personal ill health or injury for a period of 7 consecutive days or more.
(c) Replacement of paid annual leave by paid personal leave must not exceed the period of paid personal leave the employee was entitled to and will not be made with respect to fractions of a day.
(d) Where paid personal leave has been granted by the employer in accordance with this clause, that portion of the annual leave equivalent to the paid personal leave is replaced by the paid personal leave.
(e) Payment for replaced annual leave is to be at the rate of pay applicable at the time the leave is subsequently taken, provided that if annual leave loading has already been paid to the employee pursuant to Clause 19 – Annual Leave, the leave loading is deemed to have been paid with respect to the replaced annual leave.
20.4 Employee notice
When accessing personal leave the employee must, as soon as reasonably practicable, advise the employer of their inability to attend for work, the nature of the illness, injury or caring responsibilities, and the estimated duration of the absence. This advice, other than in extraordinary circumstances, should be given to the employer within 2 hours of the commencement of the absence.
20.5 Transfer of business
Where a business has been transferred from one employer to another and the employee’s service has been deemed continuous in accordance with section 7H of the Long Service Leave Act 1958, the employee’s paid personal leave balance with the old employer at the date of the transfer will be credited to the employee at the commencement of service with the new employer and may be claimed in accordance with the this clause and the Minimum Conditions of Employment Act 1993.
21. LONG SERVICE LEAVE
The provisions of the Long Service Leave Act 1958 are hereby incorporated in, and are deemed to be part of, this award.
22. BEREAVEMENT LEAVE
Bereavement leave is provided for in the Minimum Conditions of Employment Act 1993.
23. PARENTAL LEAVE
Parental leave is provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth).
24. Family and domestic violence leave
Family and domestic violence leave is provided for in Division 7 of Part 2-2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993.
Part 5 – Rates of Pay
25. WAGES
25.1 The wages prescribed in this clause are payable on and from the beginning of the first pay period commencing on or after 1 July 2025.
25.2 The minimum wages payable to adult full time and part time employees under this award are as follows:
Level
Classification
Minimum Hourly Rate
Minimum Weekly Rate (full time)
$
$
Level 1
Food & Beverage Attendant Grade 1
25.08
953.00
Kitchen Attendant Grade1
Guest Services Grade 1
Gardener
General Hand
Yardperson
Level 2
Food & Beverage Attendant Grade 2
25.93
985.20
Cook Grade 1
Kitchen Attendant Grade 2
Night Porter
Storeperson Grade 1
Doorperson/Security Officer Grade 1
Guest Services Grade 2
Level 3
Food & Beverage Attendant Grade 3
26.55
1008.90
Cook Grade 2
Kitchen Attendant Grade 3
Guest Services Grade 3
Storeperson Grade 2
Timekeeper/Security Officer Grade 2
Forklift Driver
Handyperson
Level 4
Cook Grade 3
27.77
1055.10
Storeperson Grade 3
Food & Beverage Attendant Grade 4 (Tradesperson)
Guest Service Grade 4
Level 5
Cook Grade 4
29.28
1112.60
Food & Beverage Supervisor
Guest Services Supervisor
Level 6
Cook Grade 5
29.97
1138.70
Note 1: Casual employees receive the applicable hourly rate of pay outlined above, plus the relevant casual loading outlined in Clause 12 – Casual employment.
Note 2: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
25.3 Junior employees
(a) The minimum wages payable to junior employees under the age of 20 (Levels 1, 2 and 3) for ordinary hours of work are as follows:
Age
% of the appropriate adult rate
(Levels 1, 2 or 3)
Under 16 years of age
50
16 years of age
60
17 years of age
70
18 years of age
80
19 years of age
90
20 years of age and over
Full adult rates
(b) Junior employees under the age of 20 employed at Level 4, 5 or 6 must be paid full adult rates.
25.4 Apprentices
The minimum wages payable to apprentices are as follows:
4 year term
3.5 year term
3 year term
Age
% of standard weekly rate
1st year
0 – 6 months
Under 21
42%
21 or over
75%*
2nd year
7 – 18 months
1st year
Under 21
55%
21 or over
75%*
3rd year
19 – 30 months
2nd year
All ages
75%
4th year
31 – 42 months
3rd year
All ages
88%
* This is equivalent to the minimum adult apprentice wage
26. MINIMUM ADULT AWARD WAGE
26.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
26.2 The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.
The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
26.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
26.4 Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
26.5 Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
26.6 The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
26.7 Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
26.8 Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
26.9 Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
26.10 Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
27. OPTION FOR ANNUALISED SALARY
27.1 As an alternative to being paid by the week according to the rates in this award, an employer and a full time or part time employee may enter into a written agreement for the employee to be paid an annualised salary that is at least 25% more than the amounts prescribed in Clause 25 – Wages multiplied by 52 for the work being performed.
27.2 Where a written agreement for an annualised salary is entered into, the agreement must specify:
(a) the annualised salary that is payable;
(b) which of the provisions of this award will be satisfied by payment of the annualised salary; and
(c) how the agreement may be terminated by either party.
27.3 In such cases, there is no requirement to pay:
(a) Penalty rates (Clause 14);
(b) Overtime (Clause 17); or
(c) Annual leave loading (Clause 19.4),
provided that the salary paid over a year is sufficient to cover what the employee would have been entitled to if all award penalty rate, overtime and annual leave loading obligations had been complied with.
27.4 The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
27.5 An employee being paid according to this clause will be entitled to a minimum of 8 days off per 4-week cycle. If the employee is required to work on a public holiday, they are entitled to a day off in lieu or a day added to their annual leave entitlement.
27.6 Annualised salary not to disadvantage employees
(a) The annualised salary must be no less than the amount the employee would otherwise have received under this award for the work performed over the year (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).
(b) The employer must, each 12 months from the commencement of the annualised salary arrangement (or within any 12 month period upon the cessation of employment or termination of the agreement), calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised salary actually paid to the employee. Where the latter amount is less than the former amount, the employer must pay the employee the amount of the shortfall within 14 days.
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised salary arrangement agreement for the purpose of undertaking the comparison required by Clause 27.6(b). This record must be signed by the employee or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
28. PAYMENT OF WAGES
28.1 The employer may elect to pay employees in cash or by means of a credit transfer to a bank, building society or credit union account specified in the name of the employee. The day that the credit transfer is credited to the employee's account is be deemed to be the date of payment.
28.2 Wages may be paid either for the actual hours worked each pay period or an amount being the weekly average of the wages accruing over the roster cycle.
28.3 Payment must be made within 3 trading days from the last day of the pay period and if in cash must be made during the employee’s ordinary working hours.
28.4 If an employee is paid in cash and they are not rostered to work on a pay day, the employee may request that their wages be paid prior to the pay day, in which case the employer must make payment accordingly.
28.5 The employer must not change the method of payment to employees, or the frequency of payment to employees, without first giving them at least 4 weeks' notice of such change.
28.6 The employer may elect to pay employees weekly or fortnightly.
28.7 The method of introducing a fortnightly pay system will be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays, to be repaid by equal fortnightly deductions made from the next and subsequent pays. Provided the period for repayment must not be less than 20 weeks, or some other method agreed upon by the employer and the employee.
28.8 An employee who lawfully terminates their employment, or is dismissed for reasons other than misconduct, must be paid all wages due to them by the employer on the day of termination of their employment or as soon as practicable after the date of termination of their employment.
29. HIGHER DUTIES
29.1 If an employee is required to perform the duties of a higher classification under this award for 2 or more hours, the employer must pay the employee the applicable rate of pay for the higher classification while they are undertaking that work.
29.2 If an employee is required to perform the duties of a higher classification under this award for more than half of any day or shift, they must be paid for the whole day or shift at the rate prescribed for the higher classification.
29.3 In the event that no record is kept of the actual times an employee was required to perform the duties of a higher classification on any day or shift, the employee must be paid for the whole day or shift at the rate prescribed for the higher classification.
29.4 Any employee who is required to perform duties carrying a lower prescribed rate of pay will do so without any loss of pay.
30. SUPPORTED WAGE SYSTEM
30.1 Definitions
This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:
(a) approved assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.
(b) assessment instrument means the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
(c) disability support pension means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(d) supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
(e) SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
30.2 Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.
(b) This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.
30.3 Supported wage rates
(a) Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
Assessed Capacity
% of Prescribed Award Rate
10%
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%
(b) Provided that the minimum amount payable must not be less than $109.00 per week.
(c) Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
30.4 Assessment of capacity
(a) For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, the union.
(b) All assessments made under this clause must be documented in a SWS wage assessment agreement and retained by the employer as a time and wages record.
30.5 Lodgement of SWS wage assessment agreement
(a) All SWS wage assessment agreements under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by the employer with the Commission.
(b) All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where the union is not a party to the assessment, the assessment will be referred by the Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.
30.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the SWS.
30.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro-rata basis.
30.8 Workplace adjustment
An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
30.9 Trial period
(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
(b) During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
(c) The minimum amount payable to the employee during the trial period must be no less than $109.00 per week.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under Clause 30.4 – Assessment of capacity.
31. TRAINEESHIPS
The minimum rates of pay and conditions of employment applicable to Trainees will be those set out in Schedule E – National Training Wage of the Miscellaneous Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Restaurant, Café and Catering (WA) Award.
Note: The Miscellaneous Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The rates of pay for trainees are usually adjusted from 1 July each year.
32. SUPERANNUATION
32.1 The employer must contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 as varied from time to time.
32.2 Contributions must be paid into one of the following funds:
(a) any complying fund nominated by the employee; or
(b) the employee’s stapled fund; or
(c) Hostplus Super Fund, which will become the “nominated fund” if no fund is nominated by the employee and there is no stapled fund.
32.3 For the purposes of this clause the employee’s ordinary time earnings will include base classification rate, shift and weekend penalties and any other all purpose allowance or penalty payment for work in ordinary time and in respect of casual employees the casual loading.
32.4 Employee’s options
(a) Within 14 days of commencing employment, the employer must notify the employee of the employee’s entitlement to nominate a complying fund.
(b) Any failure by the employee to nominate a fund will not affect the employee’s eligibility to receive contributions.
(c) The employee and employer will be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.
(d) The employer must not unreasonably refuse to agree to a change of complying fund requested by an employee.
32.5 Employees’ additional voluntary contributions
The employer will deduct additional contributions from an employee's wages and pay them to the fund in compliance with both of the following:
(a) the rules of the fund; and
(b) the directions of the employee; but not otherwise.
Part 6 – Allowances and facilities
33. LOCATION ALLOWANCE
33.1 Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee will be paid the following weekly allowances when employed in the following towns.
TOWN
PER WEEK
Agnew
$25.90
Argyle
$70.00
Balladonia
$27.20
Barrow Island
$45.60
Boulder
$11.10
Broome
$41.90
Bullfinch
$12.10
Carnarvon
$21.50
Cockatoo Island
$45.80
Coolgardie
$11.10
Cue
$26.70
Dampier
$36.50
Denham
$21.50
Derby
$43.50
Esperance
$7.40
Eucla
$29.10
Exmouth
$38.50
Fitzroy Crossing
$52.90
Halls Creek
$61.40
Kalbarri
$9.40
Kalgoorlie
$11.10
Kambalda
$11.10
Karratha
$44.10
Koolan Island
$45.80
Koolyanobbing
$12.10
Kununurra
$70.00
Laverton
$26.60
Learmonth
$38.50
Leinster
$25.90
Leonora
$26.60
Madura
$28.20
Marble Bar
$68.20
Meekatharra
$23.10
Mount Magnet
$29.00
Mundrabilla
$28.70
Newman
$24.90
Norseman
$23.30
Nullagine
$68.10
Onslow
$45.60
Pannawonica
$33.90
Paraburdoo
$33.80
Port Hedland
$36.40
Ravensthorpe
$13.60
Roebourne
$50.80
Sandstone
$25.90
Shark Bay
$21.50
Southern Cross
$12.10
Telfer
$62.50
Teutonic Bore
$25.90
Tom Price
$33.80
Whim Creek
$43.60
Wickham
$42.00
Wiluna
$26.10
Wyndham
$65.40
33.2 Except as provided in Clause 33.3, an employee who has:
(a) a dependant must be paid double the allowance prescribed in Clause 33.1 of this clause;
(b) a partial dependant must be paid the allowance prescribed in Clause 33.1 of this clause plus the difference between that rate and the amount the partial dependant is receiving by way of a district or location allowance.
33.3 Where an employee:
(a) is provided with board and lodging by their employer, free of charge; or
(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;
the employee must be paid 662/3 per cent of the allowances prescribed in Clause 33.1.
33.4 Subject to Clause 33.2, junior employees, casual employees, part time employees, apprentices receiving less than the adult rate and employees employed for less than a full week must receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.
33.5 Where an employee is on annual leave or receives payment in lieu of annual leave, they must be paid for the period of leave the location allowance to which they would ordinarily be entitled.
33.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) they will only be paid location allowance for the period of leave they remain in the location in which they are employed.
33.7 For the purposes of this clause:
(a) Dependant means –
(i) a spouse or defacto partner; or
(ii) a child where there is no spouse or defacto partner;
who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.
(b) Partial Dependant means a “dependant” who receives a location allowance which is less than the location allowance prescribed in Clause 33.1 or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.
33.8 Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of Clause 33.1 will be an amount as may be agreed between the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.
33.9 Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices will be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth, measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents.
34. MEAL ALLOWANCE
If an employee is required to work overtime beyond the end of their shift for more than 2 hours on any day without being notified of that requirement on or before the previous day, the employer must:
(a) pay the employee a standard meal allowance; or
(b) supply the employee with a meal.
35. SPLIT SHIFT ALLOWANCE
35.1 Clause 35.2 applies to any full time or part time employee who is required to work any of their ordinary hours on any day in more than one period, other than for meal and rest breaks.
35.2 The employer must pay the employee a standard split shift allowance for each separate work period that day.
36. UNIFORMS AND LAUNDERING
36.1 For the purpose of this clause a “special uniform” will consist of articles or clothing such as monogrammed or coloured jackets, dresses, blouses, overalls, aprons, caps, collars, cuffs or other special apparel which the employer may require an employee to wear whilst on duty; provided that the ordinary apparel usually worn by Waiters and Stewards will not be deemed to be special uniforms within the meaning of this clause.
36.2 If an employee is required to wear a special uniform for the purposes of their employment, the employer must supply the special uniform free of charge or pay for its purchase. The uniform will remain the property of the employer.
36.3 Subject to Clause 36.4, an employer requiring a special uniform to be worn, as described in Clause 36.1, will launder such clothing at their own expense or otherwise will pay to the employee concerned $7.20 per fortnight worked as a laundry allowance. The laundry allowance will be halved for employees who work less than 38 ordinary hours each fortnight.
36.4 Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments will be laundered at the employer's expense or otherwise the employee will be paid $11.00 per fortnight worked as a laundry allowance. The laundry allowance will be halved for employees who work less than 38 ordinary hours each fortnight.
36.5 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
37. MEALS AND/OR ACCOMMODATION
37.1 No employee is compelled to take meals and/or utilise accommodation on the employer's premises, and it must not be a condition of employment that any employee will do so.
37.2 Where, by mutual consent, meals and accommodation are provided, the employer will be entitled to deduct the following maximum amounts per fortnight from an employee’s wage:
(a) Full meals and accommodation of 42 meals per fortnight:
(i) Single accommodation $180.45
(ii) Shared accommodation $135.45
(b) Individual meals $3.35 each
(c) Junior employees who are in receipt of less than a full adult rate will not have amounts deducted in excess of 70% of the rates prescribed in Clause 37.2(a).
(d) The rates prescribed in Clause 37.2(a) will be reduced pro rata for any period less than a fortnight.
37.3 Mutual consent for the purpose of this clause means a document which the employee has signed agreeing to the amount of meals and accommodation offered by the employer. Such an agreement may be cancelled by either party by giving 14 days' written notice to the other party.
37.4 Employees who utilise accommodation on the employer’s premises will be provided with the following:
(a) a common sitting room apart from their bedroom;
(b) a properly equipped bathroom; and
(c) access to a laundry at such times as are mutually agreed upon between the employee and the employer.
37.5 Subject to Clause 37.4(c), where an employee is required to use a coin operated washing machine and/or dryer in a laundry, the meals and accommodation charges for that employee will be reduced by the amount of $3.85 per fortnight.
37.6 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
38. PROTECTIVE CLOTHING
38.1 Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances, will be supplied with rubber gloves free of charge by the employer or be reimbursed for the cost of the rubber gloves. For this purpose, the employer may require the employee to show evidence of that cost.
38.2 Where the conditions of work are such that employees are unable to avoid their clothing becoming dirty or wet, they will be supplied with suitable protective clothing by the employer free of charge.
38.3 Where the conditions of work are such that employees are unable to avoid their feet becoming wet, they will be supplied with suitable protective footwear by the employer free of charge.
38.4 All articles supplied remain the property of the employer and must be returned when required in good order and condition, fair wear and tear expected.
38.5 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
39. WORK EQUIPMENT
39.1 All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, will be supplied by the employer free of charge.
39.2 The employer must pay a cook or an apprentice cook who is required to provide and use their own tools a standard tool and equipment allowance.
39.3 The employer must reimburse an employee for the cost of purchasing any towels, tools, knives, choppers, implements, utensils or other materials that the employee is required to provide and use and that are not supplied or paid for by the employer and in respect of which a tool and equipment allowance is not payable under Clause 39.2.
40. TRAVELLING FACILITIES
40.1 Where an employee is detained at work until it is too late to travel by the last ordinary bus, train or other regular public transport to their usual place of residence the employer will provide alternative transport free of charge.
40.2 If an employee is required to start work before the first ordinary means of public transport as described in Clause 40.1 is available to transport them from their usual place of residence to the place of employment, the employer will provide alternative transport free of charge.
40.3 Clauses 40.1 and 40.2 do not apply to an employee who usually has their own means of transport.
40.4 Working at an alternative location
An employer must pay an employee who works away from their usual work location at their minimum hourly rate for any excess time spent travelling both ways between the employee’s residence and the alternative location.
40.5 Distance work
In addition to Clause 40.4, the employer must pay the employee for the cost of transport both ways between the employee’s residence and their place of work when all the following circumstances are met:
(a) the employee is engaged for work that requires the employee to travel 80 kilometres or more from their usual place of work to take up the engagement; and
(b) the employee performs their work to the satisfaction of their employer for a period of up to 4 weeks; and
(c) the employee is willing to complete the full period of the engagement.
41. FIRST AID KIT
Employers must provide and continuously maintain in a place easily accessible to all employees an adequate first aid kit.
42. UNION FACILITIES
42.1 Display of information
A copy of this award, if supplied by the union, must be exhibited by the employer on the business premises in a place that is conveniently and readily seen by each employee.
42.2 The Secretary of the union, or any other duly accredited representative of the union, is permitted to post notices relating to union business in a place that is conveniently and readily seen by each employee.
42.3 Union delegates
In an establishment a union delegate may be elected by the employees. This delegate must be recognised by the employer and must be allowed all necessary time during working hours to submit to the employer industrial matters affecting the employees they represent and to attend to any industrial dispute or industrial matter that may arise affecting the employees in that establishment.
42.4 The union and an employer may agree to further delegates having regard for the size of the establishment and the shift arrangements for the work performed.
42.5 Prior to the intended dismissal of a union delegate, the employer must notify the union of the reasons for the dismissal.
42.6 (a) At each employer’s establishment the union will be allowed to convene one "union meeting" each year, during ordinary working hours, in accordance with the following conditions:–
(i) the meeting is to be held on any day of the week other than a Thursday, Friday or Saturday, Sunday or public holiday;
(ii) the duration of the meeting will not exceed 3 hours;
(iii) the time, date and venue of the meeting must be agreed between the union and the employer;
(iv) each employee attending the meeting during ordinary rostered working hours must be paid for those hours, provided the employee produces satisfactory evidence of having attended the meeting to their employer.
(b) For the purposes of this subclause and by agreement between the union and the employer, the term "union meeting", may mean several individual meetings held at different times, dates and venues to discuss the same subject matter provided that an employee is only entitled to attend or be paid for attending one meeting each year.
42.7 For the avoidance of doubt, “agreement” in this clause may not be unreasonably withheld.
Part 7 – Dispute Resolution
43. DISPUTE RESOLUTION PROCEDURE
43.1 Subject to the Industrial Relations Act 1979 (as amended), in the event of a problem, grievance, question, dispute, claim or difficulty that affects one or more employees, or arises from the employee’s work or contract of employment, the provisions of this clause will apply.
43.2 At first instance the matter will be raised with the supervisor/manager as appropriate.
43.3 In the event that the matter is unresolved it may be raised with the employer by the individual concerned (or his/her representative), or the shop steward or union official involved.
43.4 If the matter is still not resolved it may be referred to the Western Australian Industrial Relations Commission for determination, and if necessary, arbitration.
43.5 The parties will attempt to resolve the matter prior to either party referring the matter to the Western Australian Industrial Relations Commission.
43.6 Nothing in this clause is to be read so as to exclude an organisation party to or bound by the award from representing its members.
Part 8 – Record Keeping, Payslips and Right of Entry
44. Employment records and pay slips
An employer must keep employment records and provide pay slips in accordance with Part II, Division 2F – Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979.
45. Right of entry
Conditions regarding right of entry by authorised representatives of the union are dealt with in Part II, Division 2G – Right of entry and inspection by authorised representatives of the Industrial Relations Act 1979.
Part 9 – Named Parties
46. Named parties to the award
Union Party
46.1 United Workers Union (WA)
Employer Parties
46.2 Restaurant and Catering Industry Association of Employers of Western Australia Inc
Western Australian Hotels and Hospitality Association Incorporated (Union of Employers)
Meals on Wheels
Perth City Council
The City of Stirling
Yule Brook College Parents and Citizens’ Association Incorporated
Schedule A – Classifications
A.1 Food and Beverage Attendant Grade 1 means an employee who is engaged in any of the following:
(a) picking up glasses;
(b) general assistance to food and beverage attendants of a higher grade not including service to customers;
(c) removing food plates;
(d) setting and/or wiping down tables;
(e) cleaning and tidying of associated areas.
A.2 Food and Beverage Attendant Grade 2 means an employee who is engaged in any of the following:
(a) supplying, dispensing or mixing of liquor including the sale of liquor from the bottle department;
(b) assisting in the cellar or bottle department;
(c) undertaking general waiting duties of both food and/or beverage including cleaning of tables;
(d) receipt of monies;
(e) attending a snack bar;
(f) engaged on delivery duties.
A.3 Food and Beverage Attendant Grade 3 is an employee who is required to perform work above and beyond the skills of a Food and Beverage Attendant Grade 2 and is engaged in any of the following:
(a) supplying, dispensing or mixing of liquor including the sale of liquor from the bottle department;
(b) assisting in the cellar or bottle department, where duties could include working up to 4 hours per day (averaged over the relevant work cycle) in the cellar without supervision;
(c) undertaking general waiting duties of both food and liquor including cleaning of tables;
(d) receipt and dispensing of monies;
(e) engaged on delivery duties; or
(f) in addition to the tasks performed by a food and beverage attendant grade 2 the employee is also involved in:
(i) the operation of a mechanical lifting device; or
(ii) attending a wagering (e.g. TAB) terminal, electronic gaming terminal or similar terminal.
(g) and/or means an employee who is engaged in any of the following:
(i) full control of a cellar or liquor store (including the receipt, delivery and recording of goods within such an area);
(ii) mixing a range of sophisticated drinks;
(iii) supervising food and beverage attendants of a lower grade;
(iv) taking reservations, greeting and seating guests;
(v) training food and beverage attendants of a lower grade.
A.4 Food and Beverage Attendant (Tradesperson) Grade 4 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and carries out specialised skilled duties in a fine dining room or restaurant.
A.5 Food and Beverage Supervisor means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and who has the responsibility for supervision, training and co-ordination of food and beverage staff, or stock control for a bar or series of bars.
Kitchen
A.6 Kitchen Attendant Grade 1 means an employee engaged in any of the following:
(a) general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils used in a kitchen and restaurant;
(b) assisting employees who are cooking;
(c) assembly and preparation of ingredients for cooking; or
(d) general pantry duties.
A.7 Kitchen Attendant Grade 2 means an employee who has the appropriate level of skills and experience, and who is engaged in specialised non-cooking duties in a kitchen or food preparation area, or supervision of kitchen attendants.
A.8 Kitchen Attendant Grade 3 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification, and has the responsibility for the supervision, training and co-ordination of kitchen attendants of a lower grade.
A.9 Cook Grade 1 means an employee who carries out cooking of breakfasts and snacks, baking, pastry cooking or butchering.
A.10 Cook Grade 2 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and who performs cooking duties including baking, pastry cooking or butchering.
A.11 Cook (Tradesperson) Grade 3 means a “commi chef” or equivalent who has completed an apprenticeship or an appropriate qualification, and who is engaged in cooking, baking, pastry cooking or butchering duties.
A.12 Cook (Tradesperson) Grade 4 means a “demi chef” or equivalent who has completed an apprenticeship or an appropriate qualification, and who is engaged to perform general or specialised cooking, butchering, baking or pastry cooking duties and/or supervises and trains other cooks and kitchen employees.
A.13 Cook (Tradesperson) Grade 5 means a “chef de partie” or equivalent who has completed an apprenticeship or a specialist qualification in cooking, butchering, baking or pastry cooking who performs any of the following:
(a) general and specialised duties including supervision or training of other kitchen staff;
(b) ordering and stock control; or
(c) solely responsible for other cooks and other kitchen employees in a single kitchen establishment.
Guest Service
A.14 Guest Service Grade 1 means an employee who performs any of the following:
(a) laundry and/or linen duties which may include minor repairs to linen or clothing such as buttons, zips, seams, and working with flat materials;
(b) performs general cleaning duties; or
(c) parking guest cars.
A.15 Guest Service Grade 2 means an employee who is engaged in any of the following:
(a) assisting in the dry cleaning process; or
(b) cleaning duties using specialised equipment and chemicals.
A.16 Guest Service Grade 3 means an employee who has the appropriate level of skills and experience and who is engaged in any of the following:
(a) supervising guest service employees of a lower grade;
(b) major repair of linen and/or clothing including basic tailoring and major alterations and refitting; or
(c) dry cleaning.
A.17 Guest Service Grade 4 means an employee who has completed an apprenticeship or an appropriate qualification or who has the appropriate level of skills and experience to perform the work of a tradesperson in dry cleaning or tailoring.
Stores Stream
A.18 Storeperson Grade 1 means an employee who receives and stores general and perishable goods and cleans the store area.
A.19 Storeperson Grade 2 means an employee who, in addition to the duties for a storeperson Grade 1, may also operate mechanical lifting equipment such as a forklift or who may perform duties of a more complex nature.
A.20 Storeperson Grade 3 means an employee who has the appropriate skills and experience and who:
(a) implements quality control techniques and procedures;
(b) understands and is responsible for a stores/warehouse area or a large section of such an area; and
(c) has a highly developed level of interpersonal and communications skills; and
(d) is able to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction; and
who may perform indicative tasks such as:
(e) liaising with management, suppliers and customers with respect to stores operations; detailing and co-ordinating activities of other storepersons and acting in a leading hand capacity for in excess of 10 storepersons; and
(f) Maintaining control registers including inventory control and being responsible for preparation and reconciliation or regular reports or stock movements, dispatches, etc.; and
(g) Supervising the receipt and delivery of goods, records, outgoing goods, responsible for the contents of a store.
Security stream
A.21 Doorperson/security officer Grade 1 means a person who assists in the maintenance of dress standards and good order at an establishment.
A.22 Timekeeper/security officer Grade 2 means a person who is responsible for the timekeeping of employees, the security of keys, the checking in and out of delivery vehicles or the supervision of doorperson/security officer Grade 1 employees.
Schedule B – School Canteen Employees
B.1 Without limiting the scope of this Award, the provisions of this clause only apply to canteen employees employed in government schools.
B.2 This clause does not apply to canteen employees employed by the Director General of the Department of Education.
B.3 To the extent that the provisions of this clause are inconsistent with the provisions in any other clause of this Award, the provisions of this clause prevail.
B.4 Definitions
Canteen Employee – means an employee who works in a school canteen.
Committee – means a person or persons delegated with the function of overseeing the management of a school canteen.
Canteen Employee Grade 2 – means a canteen employee who is engaged in any of the following:
(a) Supplying, dispensing, warming or generally preparing light snack meals;
(b) Undertaking general serving duties of both food and/or refreshments;
(c) Maintaining canteen cleanliness;
(d) Attending a canteen customer service counter;
(e) Receipt of monies and dispensing change;
(f) Delivery duties to classrooms, when required.
Note: A canteen employee Grade 2 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 2.
Canteen Employee Grade 3 – means a canteen employee who coordinates volunteers and a maximum of 2 other canteen employees per week, and/or in addition to Grade 2 is engaged in any of the following:
(a) Controls canteen stock (including the weekly receipt, recording and ordering of basic pro forma stock);
(b) In consultation with Committee, coordinates rosters for staff and volunteers;
(c) In consultation with Committee, coordinates and/or prices snack food menus.
Note: A canteen employee Grade 3 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 3.
Canteen Supervisor Grade 4 – means a canteen employee who supervises volunteers and more than 2 other canteen employees and/or in addition to Grade 3 manages canteen stock (including responsibility for stock take and budgeted ordering).
Note: A canteen employee Grade 4 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 4.
B.5 Canteen employees will commence employment at a level not lower than a Canteen Employee Grade 2.
B.6 Part time Canteen Employees
(a) Notwithstanding the provisions of Clause 11 – Part time employment, a canteen employee may be employed for less than 20 ordinary hours per fortnight, provided they are employed for no less than 3 hours per day on a regular and rostered basis on set hours of the day and set days of the week.
(b) A part time canteen employee rostered for less than 20 ordinary hours per fortnight must be paid in accordance with Clause 17 – Overtime for hours worked in excess of their rostered hours.
(c) Notwithstanding any other provisions of this Award, a part time canteen employee who works 20 or more hours per fortnight may, by agreement with their employer, increase their ordinary hours in any particular fortnight to a maximum of 76 ordinary hours. Such extra hours are paid for at ordinary rates of pay.
(d) A part time canteen employee is entitled to receive payment for wages, annual leave and personal leave on a pro-rata basis in the same proportion as the number of hours worked each fortnight bears to 76 hours.
Schedule C – No reduction
C.1 Despite the provisions of this award, an existing employee (including a casual employee) as at 31 July 2025 who continues to be employed with the same employer after that date must not be paid less than they would have been paid for the same work under the provisions of the award as it stood prior to that date.
VARIATION RECORD
RESTAURANT, CAFÉ AND CATERING (WA) AWARD
Delivered 12/11/79 at 59 WAIG 1671.Section 93(6)
Consolidation 19/06/85 at 65 WAIG 1275.Section 93(6)
Consolidation 07/10/88 at 68 WAIG 2608.Section 93(6)
Consolidation 13/10/92 at 72 WAIG 2389.Section 93(6)
Consolidation 25/03/97 at 77 WAIG 1014.Section 93(6)
Consolidation 03/10/00 at 80 WAIG 5238
Consolidation 31/07/25 at Unreported
CLAUSE NO.
EXTENT OF VARIATION
ORDER NO.
OPERATIVE DATE
GAZETTE REFERENCE
Part 1 – Application and Operation
1.Title
Cl.
4/20
31/07/25
Unreported
2. Arrangement
Cl.
4/20
31/07/25
Unreported
3. Scope
Replaced/Inserted
4/20
31/07/25
Unreported
4. Area
Replaced/Inserted
4/20
31/07/25
Unreported
5. Definitions
Replaced/Inserted
4/20
31/07/25
Unreported
Part 2 – Contract of Employment
6. Contract of employment and termination
Replaced/Inserted
4/20
31/07/25
Unreported
7. Introduction of change
Replaced/Inserted
4/20
31/07/25
Unreported
8. Redundancy
Replaced/Inserted
4/20
31/07/25
Unreported
9. Anti-discrimination
Replaced/Inserted
4/20
31/07/25
Unreported
10. Full time employment
Replaced/Inserted
4/20
31/07/25
Unreported
11. Part time employment
Replaced/Inserted
4/20
31/07/25
Unreported
12. Casual employment
Replaced/Inserted
4/20
31/07/25
Unreported
Part 3 – Hours of Work
13. Ordinary hours of work
Replaced/Inserted
4/20
31/07/25
Unreported
14. Penalty rates
Replaced/Inserted
4/20
31/07/25
Unreported
15. Rosters
Replaced/Inserted
4/20
31/07/25
Unreported
16. Meal breaks and rest periods
Replaced/Inserted
4/20
31/07/25
Unreported
17. Overtime
Replaced/Inserted
4/20
31/07/25
Unreported
Part 4 – Leave and Public Holidays
18. Public holidays
Replaced/Inserted
4/20
31/07/25
Unreported
19. Annual leave
Replaced/Inserted
4/20
31/07/25
Unreported
20. Personal leave
Replaced/Inserted
4/20
31/07/25
Unreported
21. Long service leave
Replaced/Inserted
4/20
31/07/25
Unreported
22. Bereavement leave
Replaced/Inserted
4/20
31/07/25
Unreported
23. Parental leave
Replaced/Inserted
4/20
31/07/25
Unreported
24. Family and domestic violence leave
Replaced/Inserted
4/20
31/07/25
Unreported
Part 5 – Rates of Pay
25. Wages
Replaced/Inserted
4/20
31/07/25
Unreported
26. Minimum adult award wage
Replaced/Inserted
4/20
31/07/25
Unreported
27. Option for annualised salary
Replaced/Inserted
4/20
31/07/25
Unreported
28. Payment of wages
Replaced/Inserted
4/20
31/07/25
Unreported
29. Higher duties
Replaced/Inserted
4/20
31/07/25
Unreported
30. Supported wage system
Replaced/Inserted
4/20
31/07/25
Unreported
31. Traineeships
Replaced/Inserted
4/20
31/07/25
Unreported
32. Superannuation
Replaced/Inserted
4/20
31/07/25
Unreported
Part 6 – Allowances and facilities
33. Location allowance
Replaced/Inserted
4/20
31/07/25
Unreported
34. Meal allowance
Replaced/Inserted
4/20
31/07/25
Unreported
35. Split shift allowance
Replaced/Inserted
4/20
31/07/25
Unreported
36. Uniforms and laundering
Replaced/Inserted
4/20
31/07/25
Unreported
37. Meals and/or accommodation
Replaced/Inserted
4/20
31/07/25
Unreported
38. Protective clothing
Replaced/Inserted
4/20
31/07/25
Unreported
39. Work equipment
Replaced/Inserted
4/20
31/07/25
Unreported
40. Travelling facilities
Replaced/Inserted
4/20
31/07/25
Unreported
41. First aid kit
Replaced/Inserted
4/20
31/07/25
Unreported
42. Union facilities
Replaced/Inserted
4/20
31/07/25
Unreported
Part 7 – Dispute Resolution
43. Dispute resolution procedure
Replaced/Inserted
4/20
31/07/25
Unreported
Part 8 – Record Keeping, Payslips and Right of Entry
44. Employment records and pay slips
Replaced/Inserted
4/20
31/07/25
Unreported
45. Right of entry
Cl.
4/20
31/07/25
Unreported
Part 9 – Named Parties
46. Named parties to the award
Replaced/Inserted
4/20
31/07/25
Unreported
Schedule A – Classifications
Replaced/Inserted
4/20
31/07/25
Unreported
Schedule B – School Canteen Employees
Replaced/Inserted
4/20
31/07/25
Unreported
Schedule C – No reduction
Replaced/Inserted
4/20
31/07/25
Unreported
V A R I A T I O N R E C O R D
RESTAURANT, CAFÉ AND CATERING (WA) AWARD
RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD
Delivered 12/11/79 at 59 WAIG 1671.Section 93(6)
Consolidation 19/06/85 at 65 WAIG 1275.Section 93(6)
Consolidation 07/10/88 at 68 WAIG 2608.Section 93(6)
Consolidation 13/10/92 at 72 WAIG 2389.Section 93(6)
Consolidation 25/03/97 at 77 WAIG 1014.Section 93(6)
Consolidation 03/10/00 at 80 WAIG 5238.
CLAUSE NO.
EXTENT OF VARIATION
ORDER NO.
OPERATIVE DATE
GAZETTE REFERENCE
1.Title
Cl.
A15/09
30/04/09
89 WAIG 507
(1A.State Wage Principles)
Cl. & Title
1457/93
24/12/93
74 WAIG 198
(1A. State Wage Principles December 1993)
Cl. & Title
985/94
30/12/94
75 WAIG 23
(1A. Statement of Principles December 1994)
Cl. & Title
1164/95
21/03/96
76 WAIG 911
(1A. Statement of Principles March 1996)
Cl & Title
915/96
7/08/96
76 WAIG 3368
(1A Statement of Principles - August 1996)
Cl & Title
940/97
14/11/97
77 WAIG 3177
(1A. Statement of Principles – November 1997)
Cl. & Title
757/98
12/06/98
78 WAIG 2579
(1A. Statement of Principles - June, 1998)
Del. Cl
609/99
06/07/99
79 WAIG 1843
2. Arrangement
(EDIT NOTE: Schedule of Respondents not listed in this clause)
Cl.
386/92
22/02/93
73 WAIG 377
Cl.
386/92 Corr
22/02/93
73 WAIG 377
Delete Sch. of Resp. & Ins. Schedule A & B
1526/93
23/12/93
74 WAIG 142
1A. Title
1457/93
24/12/93
74 WAIG 198
1A Title
985/94
30/12/94
75 WAIG 23
Ins. (45)
992/95
09/01/96
76 WAIG 403
1A. Title
1164/95
21/03/96
76 WAIG 911
Ins. Appendix - Resolution...
693/96
16/07/96
76 WAIG 2768
Ins. Appendix - S.49B...
694/96
16/07/96
76 WAIG 2789
1A. Title
915/96
7/08/96
76 WAIG 3368
1A
940/97
14/11/97
77 WAIG 3177
1A. Title
757/98
12/06/98
78 WAIG 2579
Del. 1A
609/99
06/07/99
79 WAIG 1843
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Cl.
131/05
12/05/05
85 WAIG 3225
Cl
929/05
8/03/06
86 WAIG 509
Cl
17/06
24/03/06
86 WAIG 791
Cl.
A15/09
30/04/09
89 WAIG 507
(2A. State Wage Case Principles - September 1989)
Del. cl.
386/92 Corr
22/02/93
73 WAIG 377
3. Area
Cl.
12/10/23
5/22
104 WAIG 169
4. Scope
Cl.
12/10/23
5/22
104 WAIG 169
(5. Term)
Del Cl.
A15/09
30/04/09
89 WAIG 507
6. Definitions
(11)
1363/92
14/12/92
73 WAIG 159
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
(6), Ins (27)
17/06
24/03/06
86 AIG 791
(1) & (2)
12/10/23
5/22
104 WAIG 169
7. Contract of Service
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
8. Hours
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
9. Additional Rates for Ordinary Hours
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
1381/92
14/03/93
73 WAIG 163
Cl.
1782/96
04/02/97
77 WAIG 492
Cl.
1158/98
28/07/98
78 WAIG 3334
Cl.
740/00
29/11/00
80 WAIG 5614
Cl.
1029/01
08/01/02
82 WAIG 301
Cl
974/02
28/01/03
83 WAIG 811
Cl
635/03
11/3/05
85 WAIG 1219
Cl
78/06
21/02/07
87 WAIG 483
Cl
46/08
02/12/08
88 WAIG 2290
10. Overtime
(3); (6)
1363/92
14/12/92
73 WAIG 159
(7)
17/06
24/03/06
86 WAIG 791
(10A. Translation of casual Employees)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Cl
752/01
01/08/01
81 WAIG 1721
Cl.
797/02
01/08/02
82 WAIG 1369
Cl.
569/03
5/06/03
83 WAIG 1899 & 2577
Del No, Title & Cl
17/06
24/03/06
86 WAIG 791
11. Casual Workers
Cl.
578/94
06/03/95
75 WAIG 952
(3)
992/95
09/01/96
76 WAIG 403
(3)
1782/96
04/02/97
77 WAIG 492
Rates & Ins. Text
940/97
14/11/97
77 WAIG 3177
(3)
1158/98
28/07/98
78 WAIG 3334
(3) rates, (b) ins. Text at end.
609/99
01/08/99
79 WAIG 1843
Cl.
654/00
01/08/00
80 WAIG 3379
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
(4), Ins (6)
17/06
24/03/06
86 WAIG 791
(12. Part-Time Workers)
Cl.
1363/92
14/12/92
73 WAIG 159
(12. Part-Time Employees)
Title
17/06
24/03/06
86 WAIG 791
13. Meal Breaks
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
14. Meal Money
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
1782/96
04/02/97
77 WAIG 492
Cl.
1158/98
28/07/98
78 WAIG 3334
Cl.
740/00
29/11/00
80 WAIG 5614
Cl.
1029/01
08/01/02
82 WAIG 301
Cl
974/02
28/01/03
83 WAIG 811
Cl
635/03
11/3/05
85 WAIG 1219
Cl.
78/06
21/02/07
87 WAIG 483
Cl
46/08
02/12/08
88 WAIG 2290
15. Sick Leave
(3)
1363/92
14/12/92
73 WAIG 159
(1)(a)&(b), (4), (6) & (7) - Ins (9), (10) & (11)
17/06
24/03/06
86 WAIG 791
16. Bereavement Leave
Cl
17/06
24/03/06
86 WAIG 791
(17. Holidays)
(1), (2)
1363/92
14/12/92
73 WAIG 159
17. Public Holidays
Title
17/06
24/03/06
86 WAIG 791
18. Annual Leave
(9), ins. (10)
1363/92
14/12/92
73 WAIG 159
(1)
582/94 & 381/95
21/02/01
81 WAIG 820
(1), (4), (5)(a)(i), (6)(b) & (9)
17/06
24/03/06
86 WAIG 791
19. Long Service Leave
Cl
17/06
24/03/06
86 WAIG 791
20. Payment of Wages
(20A. Translation of Full Time & Part Time Employees)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Cl.
A15/09
30/04/09
89 WAIG 507
21. Wages
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
1381/92
14/03/93
73 WAIG 163
(1)
016/94
18/04/94
74 WAIG 1283
(1)
578/94
06/03/95
75 WAIG 952
(1)
992/95
09/01/96
76 WAIG 403
Cl.
1782/96
04/02/97
77 WAIG 492
Rates & Ins. Text
940/97
14/11/97
77 WAIG 3177
Cl.
1158/98
28/07/98
78 WAIG 3334
(1)(a) rates, (1)(c)(iii) insert text
609/99
01/08/99
79 WAIG 1843
Cl.
654/00
01/08/00
80 WAIG 3379
(2)
740/00
29/11/00
80 WAIG 5614
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Cl.
752/01
01/08/01
81 WAIG 1721
Cl.
797/02
01/08/02
82 WAIG 1369
Cl.
569/03
5/06/03
83 WAIG 1899 & 2577
Cl.
570/04
4/06/04
84 WAIG 1521 & 2013
Cl.
576/05
07/07/05
85 WAIG 2083 & 2807
(1)
929/05
08/03/06
86 WAIG 509
Cl.
957/05
07/07/06
86 WAIG 1631 & 2327
Cl.
1/07
01/07/07
87 WAIG 1487 & 2246
Cl.
115/07
01/07/08
88 WAIG 773 &1455
(1)
A15/09
30/04/09
89 WAIG 507
Cl.
1/09
01/10/09
89 WAIG 735 & 1887
Cl.
2/10
01/07/10
90 WAIG 568 & 1284
Cl.
2/11
01/07/11
91 WAIG 1088 & 1684
Cl.
2/12
01/07/12
92 WAIG 1437
Cl.
1/13
01/07/13
93 WAIG 1105
Cl.
1/14
01/07/14
94 WAIG 1321
Cl.
1/15
01/07/15
95 WAIG 1289
Cl.
1/16
01/07/16
96 WAIG 1138
Cl.
1/17
01/07/17
97 WAIG 1203
Cl.
1/18
01/07/18
98 WAIG 263 & 924
Cl.
1/19
01/07/19
99 WAIG 509 & 1249
Cl.
1/20
01/01/21
100 WAIG 1030
Cl.
1/21
01/07/21
101 WAIG 1032
Cl.
1/22
01/07/22
102 WAIG 983
Cl.
1/23
01/07/23
103 WAIG 1311
(1)
7/25
29/05/25
UNREPORTED
(21A. Minimum Wage – Adult Males and Females)
Cl.
992/95
09/01/96
76 WAIG 403
Min.wage prov
940/97
14/11/97
77 WAIG 3177
Cl.
1158/98
28/07/98
78 WAIG 3334
(1) rate, (7) text
609/99
01/08/99
79 WAIG 1843
Cl.
654/00
01/08/00
80 WAIG 3379
(6)(a)
582/94 & 381/95
21/02/01
81 WAIG 820
Cl.
752/01
01/08/01
81 WAIG 1721
Cl.
797/02
01/08/02
82 WAIG 1369
Cl.
569/03
5/06/03
83 WAIG 1899 & 2577
(9)
1197/03
1/11/03
83 WAIG 3537
Cl.
570/04
4/06/04
84 WAIG 1521
21A. Minimum Adult Award Wage
Cl.
576/05
07/07/05
85 WAIG 2083 & 2807
Title
17/06
24/03/06
86 WAIG 791
Cl.
957/05
7/07/06
86 WAIG 1631 & 2327
Cl.
1/07
01/07/07
87 WAIG 1487 & 2246
Cl.
115/07
01/07/08
88 WAIG 773 &1455
Cl.
1/09
01/10/09
89 WAIG 735 & 1887
Cl.
2/10
01/07/10
90 WAIG 568 & 1284
Cl.
2/11
01/07/11
91 WAIG 1088 & 1684
Cl.
2/12
01/07/12
92 WAIG 1437
Cl.
1/13
01/07/13
93 WAIG 1105
Cl.
1/14
01/07/14
94 WAIG 1321
Cl.
1/15
01/07/15
95 WAIG 1289
Cl.
1/16
01/07/16
96 WAIG 1138
Cl.
1/17
01/07/17
97 WAIG 1203
Cl.
1/18
01/07/18
98 WAIG 263 & 924
Cl.
1/19
01/07/19
99 WAIG 509 & 1249
Cl.
1/20
01/01/21
100 WAIG 1030
Cl.
1/21
01/07/21
101 WAIG 1032
Cl.
1/22
01/07/22
102 WAIG 983
Cl.
1/23
01/07/23
103 WAIG 1311
(22. Junior Workers)
22. Junior Employees
Title
17/06
24/03/06
86 WAIG 791
(1)
A15/09
30/04/09
89 WAIG 507
23. Apprentices
Cl
17/06
24/03/06
86 WAIG 791
(24. Bar Work)
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
1381/92
14/03/93
73 WAIG 163
Cl.
1782/96
04/02/97
77 WAIG 492
Cl.
1158/98
28/07/98
78 WAIG 3334
Cl.
740/00
29/11/00
80 WAIG 5614
Del. Cl. & Title
582/94 & 381/95
21/02/01
81 WAIG 820
24. Option for Annualised Salary
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
25. Higher Duties
26. Uniforms and Laundering
(2), (3)
1363/92
14/12/92
73 WAIG 159
(2), (3)
1782/96
04/02/97
77 WAIG 492
(2), (3)
740/00
29/11/00
80 WAIG 5614
(2) & (3)
1029/01
08/01/02
82 WAIG 301
(2) & (3)
974/02
28/01/03
83 WAIG 811
(2) & (3)
635/03
11/3/05
85 WAIG 1219
(4)
17/06
24/03/06
86 WAIG 791
(2) & (3)
78/06
21/02/07
87 WAIG 483
(2) & (3)
46/08
02/12/08
88 WAIG 2290
27. Protective Clothing
(1)
1363/92
14/12/92
73 WAIG 159
(1)
1782/96
04/02/97
77 WAIG 492
(1)
1158/98
28/07/98
78 WAIG 3334
(1)
740/00
29/11/00
80 WAIG 5614
(1)
1029/01
08/01/02
82 WAIG 301
(1)
974/02
28/01/03
83 WAIG 811
(1)
635/03
11/3/05
85 WAIG 1219
(5)
17/06
24/03/06
86 WAIG 791
(1)
78/06
21/02/07
87 WAIG 483
(1)
46/08
02/12/08
88 WAIG 2290
(28. Workers' Equipment)
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
1782/96
04/02/97
77 WAIG 492
Cl.
1158/98
28/07/98
78 WAIG 3334
Cl.
740/00
29/11/00
80 WAIG 5614
Cl.
1029/01
08/01/02
82 WAIG 301
Cl
974/02
28/01/03
83 WAIG 811
Cl
635/03
11/3/05
85 WAIG 1219
28. Employees' Equipment
Title
17/06
24/03/06
86 WAIG 791
Cl.
78/06
21/02/07
87 WAIG 483
Cl
46/08
02/12/08
88 WAIG 2290
(29. Limitation of Work)
Del. cl.
1363/92
14/12/92
73 WAIG 159
(29. Limitation of Work – DELETED)
Ins. title.
1363/92
14/12/92
73 WAIG 159
29. No Reductions
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
30. Board and/or Lodging
Cl
815/05
22/12/2005
86 WAIG 66
(4)
17/06
24/03/06
86 WAIG 791
31. Travelling Facilities
(32. Record)
Ins text.(3)(c)
491/98
16/04/98
78 WAIG 1471
32. Employment Record
Title, (1), (3)(c)&(d)&(4) - Ins (3)(e)&(f)
17/06
24/03/06
86 WAIG 791
33. Roster
Cl.
1363/92
14/12/92
73 WAIG 159
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
(3)
17/06
24/03/06
86 WAIG 791
34. Change and Rest Rooms
Cl
17/06
24/03/06
86 WAIG 791
35. First Aid Kit
36. Posting of Award and Union Notices
(37. Deleted)
Del. title
386/93
22/02/93
73 WAIG 377
Del. title
386/93 corr.
22/02/93
73 WAIG 377
37. Superannuation
Ins. cl.
386/93
22/02/93
73 WAIG 377
Ins. cl.
386/93 corr.
22/02/93
73 WAIG 377
Ins. Text
599/98
30/06/98
78 WAIG 2559
Cl
17/06
24/03/06
86 WAIG 791
(38. Australian Traineeship System)
Del. Cl. & Title
582/94 & 381/95
21/02/01
81 WAIG 820
(38. Over Award Payments)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(39. Under-Rate Workers)
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(40. Prohibition of Contracting out of Award)
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(41. Breakdowns)
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(42. Location Allowance)
Cl.
851/92
07/07/92
72 WAIG 2498
Cl.
943/93
01/07/93
73 WAIG 1989
Cl.
714/94
01/07/94
74 WAIG 1869
Cl.
641/95
01/07/95
75 WAIG 2125
Cl.
911/96
01/07/96
76 WAIG 3365
Cl.
1400/97
01/07/97
77 WAIG 2547
Cl.
975/98
01/07/98
78 WAIG 2999
Cl.
690/99
01/07/99
79 WAIG 1843
Cl.
1050/00
01/08/00
80 WAIG 3153
Cl.
718/01
01/08/01
81 WAIG 1559
Cl.
686/02
01/07/02
82 WAIG 1185
Cl.
570/03
01/07/03
83 WAIG 1657
Cl.
696/04
01/07/04
84 WAIG 2145
Cl.
458/05
01/07/05
85 WAIG 1893
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(43. Parental Leave)
Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(44. Trainees)
Del. Cl. & Title
582/94 & 381/95
21/02/01
81 WAIG 820
(44. National Training Wage)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(45. Enterprise Flexibility)
Ins. cl.
992/95
09/01/96
76 WAIG 403
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(46 Changes with Significant Effect and Redundancy)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(47. Right of Entry)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(48. Redundancy)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(49. Anti-Discrimination)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(50. No Extra Claims)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(51. Further Claims)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Cl
17/06
24/03/06
86 WAIG 791
(52. Union Delegates & Meetings)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del No, Title & Cl
17/06
24/03/06
86 WAIG 791
(53. Temporary Exemption Clause)
Ins. Cl.
582/94 & 381/95
21/02/01
81 WAIG 820
Del No, Title & Cl
17/06
24/03/06
86 WAIG 791
(54. School Canteen Workers)
Ins. Cl
929/05
8/03/06
86 WAIG 791
Del No, Title & Cl
17/06
24/03/06
86 WAIG 791
38. Supported Wage System for Employees with Disabilities
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
39. Prohibition of Contracting Out of Award
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
40. Breakdowns
Ins Title & Cl.
17/06
24/03/06
86 WAIG 791
41. Location Allowance
Ins Title & Cl.
17/06
24/03/06
86 WAIG 791
Cl.
59/06
01/07/06
86 WAIG 1471
Cl.
53/07
01/07/07
87 WAIG 2435
Cl.
9/08
01/07/08
88 WAIG 689
Cl.
24/09
01/07/09
89 WAIG 729
Corr. Order Schedule B (7)(a)(i)&(ii)
24/09
01/07/09
89 WAIG 2483
Cl.
117/10
01/07/10
90 WAIG 561
Cl.
24/11
01/07/11
91 WAIG 995
Cl.
6/12
01/07/12
92 WAIG 725
Cl.
7/13
01/07/13
93 WAIG 461
Cl.
11/14
01/07/14
94 WAIG 669
Cl.
118/15
01/07/15
95 WAIG 700
Cl.
15/16
01/07/16
96 WAIG 631
Cl.
20/17
01/07/17
97 WAIG 585
Cl.
20/18
01/07/18
98WAIG 415
Cl.
24/19
01/07/19
99 WAIG 615
Cl.
10/20
01/07/20
100 WAIG 443
Cl.
2/21
01/07/21
101 WAIG 455
Cl.
2/22
01/07/22
102 WAIG 427
Cl.
2/23
01/07/23
103 WAIG 523
42. Parental Leave
Ins Title & Cl.
17/06
24/03/06
86 WAIG 791
43. National Training Wage
Ins Title & Cl.
17/06
24/03/06
86 WAIG 791
44. Enterprise Flexibility
Ins Title & Cl.
17/06
24/03/06
86 WAIG 791
45. Right of Entry
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
46. Termination, Introduction of Change and Redundancy
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
47. Anti-Discrimination
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
48. Resolution of Disputes
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
49. Further Claims
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
50. Union Delegates and Meetings
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
51. School Canteen Workers
Ins Title & Cl
17/06
24/03/06
86 WAIG 791
(Appendix - Resolution of Disputes Requirements)
Ins. appendix
693/96
16/07/96
76 WAIG 2768
(1),(6), Del. (7)
2053/97
22/11/97
77 WAIG 3079
Del title & appendix
17/06
24/03/06
86 WAIG 791
Schedule A - Named Union Party
Ins. schedule
1526/93
23/12/93
74 WAIG 142
Sch.
582/94 & 381/95
21/02/01
81 WAIG 820
(Schedule A - Named Parties)
Del & Ins. sch
131/05
12/05/05
85 WAIG 3224
Sch
17/06
24/03/06
86 WAIG 791
Del Sch.
A15/09
30/04/09
89 WAIG 507
Schedule A Named Parties to the Award
Ins Sch.
A15/09
30/04/09
89 WAIG 507
(Schedule)
Re-title schedule
1526/93
23/12/93
74 WAIG 142
(Schedule B – Respondents)
Respondent deleted
No. 76/80 Pts 29, 55, 92, 151, 162, 164, 174, 175, 177, 178, 179 & 181
18/04/97
77 WAIG 1260
Delete Respondents
76/80, part 122
09/02/98
78 WAIG 1388
Delete Respondents
76/80, part 28
30/04/98
78 WAIG 1883
Sch.
582/94 & 381/95
21/02/01
81 WAIG 820
Sch
17/06
24/03/06
86 WAIG 791
Del Sch.
A15/09
30/04/09
89 WAIG 507
(Schedule C – Letter to Employees)
Ins. Sch.
582/94 & 381/95
21/02/01
81 WAIG 820
Del Title & Sch
17/06
24/03/06
86 WAIG 791
(Appendix - S.49B - Inspection of Records Requirements)
Ins. appendix
694/96
16/07/96
76 WAIG 2789
Ins. Text
2053(1)/97
22/11/97
77 WAIG 3138
App.
491/98
16/04/98
78 WAIG 1471
Del Title & App
17/06
24/03/06
86 WAIG 791
Appendix – McDonald’s Australia Limited Franchisees
Ins. App.
582/94 & 381/95
21/02/01
81 WAIG 820
Del. Respondent; Ins. Respondent
A15/09
30/04/09
89 WAIG 507
APPLICATION TO VARY RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Commission's Own Motion
APPLICANT
-v-
(Not applicable)
RESPONDENT
CORAM Commissioner T Kucera
DATE TUESDAY, 12 August 2025
FILE NO/S APPL 4 OF 2020
CITATION NO. 2025 WAIRC 00686
Result Award varied
Representation
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr G Hansen on behalf of UnionsWA
Mr R James on behalf of United Workers Union (WA)
Ms B Grubor on behalf of the Australian Hotels Association Western Australia
Order
HAVING heard from Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations, Mr G Hansen on behalf of UnionsWA, Mr R James on behalf of United Workers Union (WA), and Ms B Grubor on behalf of the Australian Hotels Association Western Australia,, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT the Restaurant, Tearoom and Catering Workers’ Award be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from 31 July 2025.
Commissioner T Kucera
SCHEDULE
Restaurant, Café and Catering (WA) Award
Part 1 – Application and Operation
1. Title
This award is known as the Restaurant, Café and Catering (WA) Award.
2. Arrangement
Part 1 – Application and Operation
Part 2 – Contract of Employment
6. Contract of employment and termination
16. Meal breaks and rest periods
Part 4 – Leave and Public Holidays
24. Family and domestic violence leave
27. Option for annualised salary
Part 6 – Allowances and facilities
37. Meals and/or accommodation
43. Dispute resolution procedure
Part 8 – Record Keeping, Payslips and Right of Entry
44. Employment records and pay slips
46. Named parties to the award
Schedule B – School Canteen Employees
3. Scope
3.1 This award applies to all employers (including catering employers) in the restaurant and catering industry, as defined in Clause 5 – Definitions of this award, and their employees employed in the classifications specified in Clause 25 – Wages of this Award.
3.2 This award also applies to:
(a) employers that supply labour on an on-hire basis to host employers in the restaurant and catering industry in respect of on-hire employees employed in the classifications mentioned in this Award, and those on‑hire employees, while engaged in the performance of work covered by this Award; and
(b) employers that provide group training services for apprentices and/or trainees in the restaurant and catering industry in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this Award, and those apprentices and/or trainees, while engaged by a host employer in the performance of work covered by this Award.
3.3 This Award does not apply to employers and employees who are covered by the following awards:
(a) Fast Food Outlets Award 1990.
(b) Club Workers’ Award.
(c) Hotel and Tavern Workers’ Award.
(d) Motel, Hostel, Service Flats and Boarding House Workers’ Award.
(e) Shop and Warehouse (Wholesale and Retail Establishments) State Award.
3.4 This Award does not apply to employers and employees who are subject to the national industrial relations system.
4. Area
4.1 This Award has effect throughout Western Australia.
4.2 This Award has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this Award.
Note: for a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see s 3(2) of the Industrial Relations Act 1979. Indicators include but are not limited to, whether the employer is:
● domiciled or resident in, or has a place of business in, the State; or
● registered, incorporated, or established under a law of the State; or
● the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a public authority.
5. Definitions
Catering employer means any employer whose primary business is to provide catering and ancillary services for any social, commercial, industrial or other purpose or function.
Non-working day means a day of the week an employee is not rostered to work ordinary hours.
Reasonable evidence means evidence that would satisfy a reasonable person.
Restaurant and catering industry means:
(a) any restaurant, café, coffee shop, tearoom, dining or meal room, cafeteria, canteen, takeaway or fast food establishment (excluding those establishments covered by the Fast Food Outlets Award 1990); and
(b) any place, building, stand, stall, tent, vehicle or boat or part of such, in or from which food and/or drinks are sold or served for consumption on the premises, including any establishment or place where food is prepared and/or cooked to be sold or served for consumption elsewhere; and
(c) the provision of catering services where meals and/or light refreshments and/or drinks are served and provided in any building or place for weddings, parties, dances, social functions, theatres, festivals, fairs, exhibition buildings, cultural centres, convention centres, entertainment centres, racecourses, showgrounds, sporting grounds, and the like.
Spread of shift means the time which elapses from the employee’s actual starting time to the employee’s actual finishing time on each work day.
Standard hourly rate means the minimum hourly rate of pay for a full time or part time Level 4 employee as set out in Clause 25 – Wages of this award.
Standard meal allowance means an allowance that is equal to the amount prescribed for meals under Clause 21.2 of the Restaurant Industry Award 2020.
Note: The Restaurant Industry Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The meal allowance contained in Clause 21.2 of the Restaurant Industry Award is usually adjusted from 1 July each year.
Standard split shift allowance means an allowance that is equal to the amount prescribed under clause 21.3 of the Restaurant Industry Award 2020.
Note: The Restaurant Industry Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The split shift allowance contained in Clause 21.3 of the Restaurant Industry Award is usually adjusted from 1 July each year.
Standard tool and equipment allowance means an allowance that is equal to the amount prescribed under clause 21.4 of the Restaurant Industry Award 2020.
Part 2 – Contract of Employment
6. Contract of employment and termination
6.1 Types of employment
An employee may be employed on a full time, part time or casual basis.
6.2 Probation
A newly hired full time or part time employee may be subject to a probation period not exceeding 3 months. The purpose of the probation period is to enable the employee and employer to assess each other for suitability for ongoing employment.
6.3 Stand down
An employer may stand down without pay any employee who cannot be usefully employed due to the following circumstances:
(a) industrial action by employees or any union, association or organisation; or
(b) a breakdown or failure of the employer's machinery or any stoppage of work by any cause the employer cannot reasonably prevent.
6.4 Termination of employment
Notice of termination by employer – full time and part time employees
(a) In order to terminate the employment of a full time or part time employee the employer must give the employee the following notice in writing.
Period of continuous service with the employer |
Minimum period of notice |
Not more than 1 year |
1 week |
More than 1 year but less than 3 years |
2 weeks |
More than 3 years but less than 5 years |
3 weeks |
More than 5 years |
4 weeks |
(b) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed 2 years' continuous service with the employer, is entitled to one week's notice in addition to the notice prescribed in Clause 6.4(a).
(c) Payment in lieu of the notice prescribed in Clauses 6.4(a) and 6.4(b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu.
(d) In calculating any payment in lieu of notice, the employer must pay the employee an amount that is equal to, or exceeds, the total of all amounts that, if the employee's employment had continued until the end of the required notice period, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be worked out on the basis of:
(i) the employee's ordinary hours of work (even if they are not standard hours); and
(ii) the amounts ordinarily payable to the employee in respect of those hours, including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's contract of employment.
(e) The period of notice in this subclause does not apply to those employees who are exempt from receiving notice under Subdivision A of Division 11 of Part 2-2 of the Fair Work Act 2009, as amended from time to time.
(f) For the purpose of this subclause an employee’s continuity of service has the same meaning as prescribed in section 22 of the Fair Work Act 2009.
6.5 Notice of termination by employee – full time and part time employees
A full time or part time employee must give the employer notice of termination in accordance with the following table.
Period of continuous service with the employer |
Minimum period of notice |
Not more than 1 year |
1 day |
More than 1 year but not more than 2 years |
1 week |
More than 2 years |
2 weeks |
6.6 Casual employees
An employer or employee may terminate a casual employment arrangement with one hour’s notice.
6.7 Time off during notice period – full time and part time employees
(a) During a period of notice of termination given by the employer, an employee will be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee in consultation with the employer.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee may, at the request of the employer, be required to produce proof of attendance at an interview or they will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
6.8 Statement of employment
An employer must, in the event of termination of employment, provide upon request to the employee who has been terminated, a written statement specifying the period of employment and the classification or type of work performed by the employee.
7. Introduction of change
7.1 Employer's duty to notify
(a) Where an employer has made a decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and, if an employee nominates a union to represent them, the union.
(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and restructuring of jobs.
7.2 Employer's duty to discuss change
(a) The employer must consult with the employees affected and, if an employee nominates a union to represent them, the union, about the introduction of the changes referred to in Clause 7.1, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals) and measures to avoid or minimise the adverse effects of the changes on employees, and must give prompt consideration to matters raised by the employees and/or their union in relation to the changes.
(b) The discussion must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Clause 7.1.
(c) For the purpose of the consultation, the employer must provide in writing to the employees concerned and, if an employee nominates a union to represent them, the union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer is not required to disclose confidential information, the disclosure of which would be adverse to the employer's interests.
8. Redundancy
8.1 Consultation before terminations
(a) Where an employer has made a decision that the employer no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to termination of employment, the employer must consult with the employees directly affected and, if an employee nominates a union to represent them, the union.
(b) The consultation must take place as soon as is practicable and cover, amongst other matters, the reasons the proposed terminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees.
(c) For the purposes of the consultation the employer must, as soon as practicable, provide in writing to the employees concerned and, if an employee nominates a union to represent them, the union, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out.
(d) The employer is not required to disclose confidential information the disclosure of which would be adverse to the employer's interests.
8.2 Transfer to lower paid duties
(a) Where an employee is transferred to lower paid duties for reasons of redundancy, the employee is entitled to the same period of notice of transfer they would have been entitled to if they had been terminated.
(b) The employer may, at the employer’s option, make payment in lieu of notice for an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loading and penalties; and
(iii) any other amounts payable under the employee’s contract of employment.
8.3 Severance pay
(a) In addition to the period of notice provided in Clause 6 – Contract of employment and termination, and subject to any further order of the Commission, employers who employ 15 or more employees must pay the following amount of severance to any full time or part time employee whose employment is terminated by reason of redundancy.
Period of continuous service |
Severance pay |
Less than 1 year |
nil |
1 year and less than 2 years |
4 weeks’ pay |
2 years and less than 3 years |
6 weeks’ pay |
3 years and less than 4 years |
7 weeks’ pay |
4 years and less than 5 years |
8 weeks’ pay |
5 years and less than 6 years |
10 weeks’ pay |
6 years and less than 7 years |
11 weeks’ pay |
7 years and less than 8 years |
13 weeks’ pay |
8 years and less than 9 years |
14 weeks’ pay |
9 years and less than 10 years |
16 weeks’ pay |
10 years and over |
12 weeks’ pay |
“Weeks’ pay” means the ordinary time rate of pay for the employee concerned. Provided that such rate excludes:
(i) overtime;
(ii) penalty rates;
(iii) disability allowances;
(iv) shift allowances;
(v) special rates;
(vi) fares and travelling time allowances;
(vii) bonuses; and
(viii) any other ancillary payments of a like nature.
(b) Severance payments will not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
(c) For the purpose of this clause continuity of service will not be broken on account of:
(i) any interruption or termination of the employment by the employer if the interruption or termination has been made with the intention of avoiding the obligations of this clause in respect of leave;
(ii) any absence from work where leave has been granted by the employer; or
(iii) any absence with reasonable cause, if the employee can supply sufficient proof.
Provided that in the calculation of continuous service any time an employee is absent from work, except time for which the employee is entitled to claim paid leave, will not count as time worked.
(d) Service by an employee with a business which has been transferred from one employer to another will also constitute continuous service for the purpose of this clause, provided the employee’s service has been deemed continuous in accordance with Part II, Division 3 of the Long Service Leave Act 1958.
8.4 Employee leaving during notice
Where an employee is terminated because of redundancy, the employee may resign from their employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause as they would be if they had remained with the employer until the expiry of the notice. However, in this situation, the employee will not be entitled to payment in lieu of notice in accordance with Clause 6 – Contract of employment and termination.
8.5 Alternative employment
An employer, in a particular redundancy case, may apply to the Commission to have the severance payment varied if the employer obtains acceptable alternative employment for an employee.
8.6 Transmission of business
(a) The provisions of this clause are not applicable where a business is transferred from one employer to another employer in any of the following circumstances:
(i) Where the employee accepts employment with the new employer which recognises the period of continuous service which the employee had with the old employer (and any other prior employers for that business) to be continuous service of the employee with the new employer; or
(ii) Where the employee rejects an offer of employment with the new employer:
(aa) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the old employer; and
(bb) which recognises the period of continuous service which the employee had with the old employer (and any other prior employers for that business) to be continuous service with the new employer.
(b) The Commission may vary the provisions of Clause 8.6(a) if it is satisfied that it would operate unfairly in a particular case.
8.7 Notice to Centrelink
Where a decision has been made to terminate employees due to redundancy, the employer must notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of employees normally employed and the period over which the terminations are intended to be carried out.
8.8 Employees exempted
(a) This clause does not apply where employment is terminated as a consequence of conduct that justifies instant dismissal or to casual employees.
(b) Apart from the requirement to consult with affected employees in accordance with Clause 8.1, this clause does not apply to apprentices, trainees, probationary employees or employees engaged for a specific period of time or for a specified task or tasks.
8.9 Incapacity to pay
An employer in a particular redundancy case may apply to the Commission to have the severance pay varied on the basis of the employer’s incapacity to pay.
9. Anti-discrimination
9.1 It is the intention of the parties to this award to respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of those attributes prescribed in the Equal Opportunity Act 1984 including, but not limited to, age, breastfeeding, family responsibility, family status, gender history, impairment, marital status, political conviction, pregnancy, race, religious conviction, sex, sexual orientation and publication of details on the Fines Enforcement Registrar’s website.
9.2 Accordingly, in fulfilling their obligations under Part 7 – Dispute Resolution of this award, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
10. Full time employment
10.1 A full time employee is a person who is engaged to work 76 hours per fortnight.
11. Part time employment
11.1 A part time employee is a person who is engaged to work at least 20 and fewer than 76 ordinary hours per fortnight.
11.2 A part time employee must be engaged and paid for at least 3 consecutive hours of work on each occasion they are required to attend work.
11.3 A part time employee must be paid the applicable minimum hourly rate of pay under Part 5 – Rates of Pay.
11.4 A part time employee is entitled to overtime under Clause 17 – Overtime and penalty rates under Clause 14 – Penalty rates.
11.5 Notwithstanding any other provision of this award, a part time employee and their employer may, by agreement, increase the ordinary hours to be worked in any particular fortnight to a maximum of 76 ordinary hours. These extra hours are to be paid for at ordinary rates of pay.
12. Casual employment
12.1 A casual employee is a person who is engaged and paid as such, applying s 7B of the Industrial Relations Act 1979.
12.2 A casual employee may be engaged for a maximum of 76 ordinary hours per fortnight.
12.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
12.4 In addition to the minimum hourly rate of pay under Clause 25 – Wages, a casual employee must be paid the following loading for ordinary hours of work:
Day |
Additional Loading |
Monday to Friday inclusive |
25% |
Saturdays and Sundays |
50% |
Public Holidays |
125% |
NOTE: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
12.5 When a shift commences on one day and ends on the following day, each hour worked will be paid at the rate applying to the day on which that hour of work is actually performed.
12.6 A casual employee is entitled to overtime under Clause 17 – Overtime.
Part 3 – Hours of Work
13. Ordinary hours of work
13.1 All employees
(a) The ordinary hours of work are to be rostered so an employee is not required to commence work on more than 10 days in each fortnight.
(b) The ordinary hours of work are exclusive of meal breaks.
(c) Where an ordinary hours work period commences prior to midnight on any day, that work period is deemed to have been worked on the day the ordinary hours work period commenced. However, the employee must be paid the appropriate penalty rates and loadings according to the actual hours worked in that work period.
(d) The employer has the right to roster the ordinary hours of work for each employee according to the needs of the business, but the employer must, in the following circumstances, seek the agreement of each employee:
(i) where the employee is to be rostered over more than 7 consecutive days; or
(ii) where the ordinary hours of work exceed 8 on any day.
(e) Where an employee’s roster includes work periods where more than 8 ordinary hours are regularly worked, 2 of the employee’s non-working days must be consecutive.
(f) The roster for each employee must provide for a minimum of 10 consecutive hours’ break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day.
(g) A break of less than 10 but not less than 8 consecutive hours may apply in the following circumstances:
(i) a change in shift at the employee’s request;
(ii) a changeover of the roster;
(iii) by agreement between the employer and employee (recorded and signed by both parties in the time and wages record on each occasion).
13.2 Full time employees
(a) A full time employee must not be rostered for less than 4 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a full time employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 3 consecutive hours (exclusive of meal breaks).
13.3 Part time employees
(a) A part time employee must not be rostered for less than 3 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a part time employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 3 consecutive hours (exclusive of meal breaks).
13.4 Casual employees
(a) A casual employee must not be rostered for less than 2 nor more than 10 ordinary hours per day (exclusive of meal breaks).
(b) The maximum spread of hours for a casual employee (including an employee working split shifts) is 12.
(c) If an employee is rostered for split shifts, each shift must be at least 2 consecutive hours (exclusive of meal breaks).
13.5 Requests for flexible working arrangements
Part 4A of the Minimum Conditions of Employment Act 1993 deals with requests for flexible working arrangements.
14. Penalty rates
14.1 Weekday evenings (full time and part time employees only)
A full time or part time employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday (inclusive), must be paid 10% of the Standard hourly rate for each such hour or part thereof worked, in addition to their ordinary hourly rate.
14.2 All employees
An employer must pay an employee the following penalty rates for work performed during ordinary hours:
Day worked |
Full time and part time employees |
Casual employees |
|
% of hourly rate |
% of hourly rate (inclusive of casual loading) |
Saturday |
50% |
50% |
Sunday |
50% |
50% |
Public holiday |
150% |
125% |
NOTE: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
15. Rosters
15.1 The following rostering provisions apply to full time and part time employees.
15.2 A roster of ordinary working hours must be exhibited in each establishment in a place that is readily seen by employees or distributed through accessible electronic means.
15.3 The roster must show:
(a) the name of each employee; and
(b) the hours to be worked by each employee, each day, including starting and finishing times.
15.4 The roster may be inspected as an employment record pursuant to Part II, Division 2F – Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979.
15.5 Rosters must be published at least one week in advance, and may only be altered:
(a) on account of an employee’s absence on personal leave or other unplanned leave; or
(b) by the employer giving at least 3 days’ notice of an alteration; or
(c) by mutual consent between the employer and employee (recorded and signed by both parties in the time and wages record).
16. Meal breaks and rest periods
16.1 Each employee is entitled to an unpaid meal break of between 30 minutes and one hour after not more than 6 hours of work.
16.2 Where it is not possible for the employer to grant a meal break on any day, the meal break must be treated as time worked and the employee must be paid 50% of their ordinary hourly rate extra:
(a) from when the meal break was due to be taken;
(b) until either the employee is allowed to take the break or the shift ends.
16.3 Where an employee is required to work 6 or more consecutive hours in a shift the employee is also entitled to one paid rest break of 10 minutes, to be taken at a time agreed between the employer and the employee. The employer must not require the paid rest break be taken in the first or last hour of any shift.
16.4 An employee must not be required to work more than 6 hours consecutively before either a paid or unpaid break is taken.
17. Overtime
17.1 Overtime is payable for all work performed by an employee (including a casual employee) outside of the rostered ordinary hours of work or outside the maximum daily spread of hours.
Note: For casual employees, overtime is calculated on the base rate of pay (excluding the casual loading).
17.2 (a) Overtime worked between Monday and Friday (inclusive), must be paid for at the rate of time and a half for the first 2 hours and double time after 2 hours.
(b) All overtime worked on a Saturday or Sunday must be paid for at the rate of double time.
(c) All overtime worked on a Public Holiday must be paid for at the rate of double time and one half.
17.3 If an employee is recalled to work overtime after leaving the employer's establishment, the employee must be paid for at least 3 hours at overtime rates.
17.4 (a) Wherever reasonably practicable overtime will be arranged so that employees have at least 8 consecutive hours off duty between the work of successive days.
(b) Where an employee (other than a casual employee) works so much overtime that there are fewer than 8 hours between finishing overtime on one day and commencing ordinary work on the next day, the employee will be released until they have had at least 8 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
(c) If, on the instructions of the employer, an employee (other than a casual employee) resumes work or continues work without having had 8 consecutive hours off duty, the employee must be paid at double time until they are released from duty and they are then entitled to be absent until they have had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.
17.5 In the calculation of overtime each day stands alone, except:
(a) when an employee works overtime which continues beyond midnight on any day, the time worked after midnight is deemed to be part of the previous day's work for the purpose of this clause; and
(b) the overtime work must be paid for at the overtime rate applicable for the day upon which the overtime work is actually performed.
Example: An employee who works 3 hours of overtime between 11.00pm on Friday and 02:00 am on Saturday would be paid for time and one half for the first hour of overtime (between 11.00pm and 12 midnight on the Friday) and double time for the next 2 hours (between 12 midnight and 02:00am on the Saturday).
17.6 An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. If such an arrangement is entered into:
(a) The time off must be equivalent to the overtime rate that otherwise would have been paid.
Example: An employee who worked 2 overtime hours at the rate of time and one half is entitled to 3 hours’ time off.
(b) The time off must be taken within 8 weeks of it being accrued (at a time agreed between the employer and the employee) or be taken in conjunction with a future period of annual leave.
(c) An employee who is unable to take the time off in accordance with Clause 17.6(b) must be paid for the time off not taken.
(d) Upon termination, an employee must be paid for all accrued time off which remains owing to the employee.
17.7 (a) An employer may require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i) any risk to the employee’s health and safety that might reasonably be expected to arise if the employee worked the overtime;
(ii) the employee's personal circumstances (including any family responsibilities);
(iii) the conduct of the operations or business in relation to which the employee is required or requested to work the overtime;
(iv) any notice given by the employer of the requirement or request that the employee work the overtime;
(v) any notice given by the employee of the employee’s intention to refuse to work the overtime;
(vi) whether any of the overtime is on a public holiday in the area of the State where the employee is required or requested to work the overtime;
(vii) the employee’s hours of work over the 4 weeks ending immediately before the employee is required or requested to work the overtime; and
(viii) any other relevant matter.
Part 4 – Leave and Public Holidays
18. Public holidays
18.1 The following days or the days observed in lieu will be allowed as paid public holidays for full time and part time employees:
- New Year's Day,
- Australia Day,
- Labour Day,
- Good Friday,
- Easter Sunday,
- Easter Monday,
- Anzac Day,
- Western Australia Day,
- Sovereign's Birthday,
- Christmas Day
- Boxing Day.
Note: Part time employees are entitled to the above public holidays if they would ordinarily work on the day the public holiday falls on.
18.2 When any of the days mentioned in Clause 18.1 fall on a full time employee’s non-working day, the public holiday is to be observed on the next rostered working day. In this case the substituted day is a public holiday with pay and the day for which it is substituted is not a public holiday.
18.3 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under this award. Any such agreement must be in writing and be signed by the employer and the employee.
18.4 Where a day is proclaimed as a public holiday or public half-holiday under section 7 of the Public and Bank Holidays Act 1972, either throughout the State or within a district or locality as is specified in the proclamation, that day will be a public holiday or a public half-holiday for the purposes of this award within the area specified in the proclamation.
18.5 All employees required to work on a public holiday must be paid for a minimum of 4 hours work. The 4-hour minimum does not apply in the case of an employee who, having commenced an ordinary hours shift on the day preceding the public holiday, works less than 4 hours on the public holiday.
18.6 Alternate arrangements (full time and part time employees only)
(a) An employer may reach agreement with a full time or part time employee for the employee to receive time off in lieu of public holiday penalty rates. In this situation the employee is paid at ordinary time rates for each hour worked and they must then be rostered off duty in ordinary hours (without deduction of pay) for a period equal to the number of hours worked on the public holiday multiplied by time and a half.
Example: An employee who works 4 hours on a public holiday would be paid for 4 hours at ordinary rates, and they would then be entitled to a further 6 hours of time off in lieu.
(b) The rostered time off referred to in Clause 18.6(a) must be taken within 8 weeks of the date of accrual at a time agreed between the employer and employee. Alternatively, the employer and employee may agree to the rostered time off being taken in conjunction with a future period of annual leave.
(c) If the rostered time off referred to in Clause 18.6(a) is not taken within 8 weeks of the date of accrual, or in conjunction with a future period of annual leave, the employer must make payment for the rostered time off in the employee’s next pay period.
(d) On termination, an employee must be paid for all rostered time off in lieu of public holidays that remains owing to the employee.
19. Annual leave
19.1 Annual leave is a minimum condition of employment provided for in the Minimum Conditions of Employment Act 1993.
Note: The provisions of this clause only detail annual leave provisions that are additional to and/or more favourable than what is contained in the Minimum Conditions of Employment Act 1993.
19.2 Transfer of business
Where a business has been transferred from one employer to another and the employee's service has been deemed continuous in accordance with section 7H of the Long Service Leave Act 1958, any annual leave accrued with the old employer will transfer to the new employer and may be taken in accordance with this clause and the Minimum Conditions of Employment Act 1993.
19.3 Taking annual leave
(a) Annual leave is to be taken at times agreed between the employer and employee.
(b) An employer and employee may agree to the employee taking annual leave in advance of it accruing.
Note: under the Minimum Conditions of Employment Act 1993 annual leave accrues on a weekly basis.
(c) If an employee’s employment terminates and the employee has taken a period of annual leave that exceeds what the employee has accrued, the employee is liable to pay the employer an amount representing the difference between the amount received by the employee for the period of leave taken and the amount payable for the leave that otherwise would have accrued.
19.4 Annual leave loading
(a) During a period of annual leave an employee must be paid annual leave loading. The loading is whichever is the higher of:
(i) 17.5% of the employee’s ordinary rate of pay; or
(ii) any additional rates prescribed by this award for work performed in ordinary hours, if the employee would otherwise have worked those hours had they not been on annual leave.
(b) The loading prescribed by Clause 19.4(a) does not apply to pro rata leave paid out on termination that does not relate to a completed year of service.
19.5 The provisions of Clause 19 – Annual leave do not apply to casual employees.
20. Personal leave
20.1 Personal leave is provided for in the Minimum Conditions of Employment Act 1993.
Note: The provisions of this clause only detail personal leave provisions that are additional to and/or more favourable than what is contained in the Minimum Conditions of Employment Act 1993.
20.2 Adjustment of personal leave
If, in the first or successive years of service with the employer, an employee is absent on personal leave for a period longer than the employee’s accrued entitlement to paid personal leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate if before the end of that year of service, to the extent that the employee has become entitled to further paid personal leave during that year of service.
20.3 Replacement of paid personal leave during annual leave
(a) Subject to the provisions of this subclause, an employee who suffers personal ill health or injury during annual leave may apply for and the employer must grant paid personal leave in place of paid annual leave.
(b) An application to replace annual leave with paid personal leave:
(i) must be made within 7 days of resuming work; and
(ii) is only available if the employee produces a certificate from a medical practitioner confirming they were confined to their residence or a hospital as a result of personal ill health or injury for a period of 7 consecutive days or more.
(c) Replacement of paid annual leave by paid personal leave must not exceed the period of paid personal leave the employee was entitled to and will not be made with respect to fractions of a day.
(d) Where paid personal leave has been granted by the employer in accordance with this clause, that portion of the annual leave equivalent to the paid personal leave is replaced by the paid personal leave.
(e) Payment for replaced annual leave is to be at the rate of pay applicable at the time the leave is subsequently taken, provided that if annual leave loading has already been paid to the employee pursuant to Clause 19 – Annual Leave, the leave loading is deemed to have been paid with respect to the replaced annual leave.
20.4 Employee notice
When accessing personal leave the employee must, as soon as reasonably practicable, advise the employer of their inability to attend for work, the nature of the illness, injury or caring responsibilities, and the estimated duration of the absence. This advice, other than in extraordinary circumstances, should be given to the employer within 2 hours of the commencement of the absence.
20.5 Transfer of business
Where a business has been transferred from one employer to another and the employee’s service has been deemed continuous in accordance with section 7H of the Long Service Leave Act 1958, the employee’s paid personal leave balance with the old employer at the date of the transfer will be credited to the employee at the commencement of service with the new employer and may be claimed in accordance with the this clause and the Minimum Conditions of Employment Act 1993.
21. Long service leave
The provisions of the Long Service Leave Act 1958 are hereby incorporated in, and are deemed to be part of, this award.
22. Bereavement leave
Bereavement leave is provided for in the Minimum Conditions of Employment Act 1993.
23. Parental leave
Parental leave is provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth).
24. Family and domestic violence leave
Family and domestic violence leave is provided for in Division 7 of Part 2-2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993.
Part 5 – Rates of Pay
25. Wages
25.1 The wages prescribed in this clause are payable on and from the beginning of the first pay period commencing on or after 1 July 2025.
25.2 The minimum wages payable to adult full time and part time employees under this award are as follows:
Level |
Classification |
Minimum Hourly Rate |
Minimum Weekly Rate (full time) |
|
|
$ |
$ |
Level 1 |
Food & Beverage Attendant Grade 1 |
25.08 |
953.00 |
|
Kitchen Attendant Grade1 |
||
|
Guest Services Grade 1 |
||
|
Gardener |
||
|
General Hand |
||
|
Yardperson |
||
Level 2 |
Food & Beverage Attendant Grade 2 |
25.93 |
985.20 |
|
Cook Grade 1 |
||
|
Kitchen Attendant Grade 2 |
||
|
Night Porter |
||
|
Storeperson Grade 1 |
||
|
Doorperson/Security Officer Grade 1 |
||
|
Guest Services Grade 2 |
||
Level 3 |
Food & Beverage Attendant Grade 3 |
26.55 |
1008.90 |
|
Cook Grade 2 |
||
|
Kitchen Attendant Grade 3 |
||
|
Guest Services Grade 3 |
||
|
Storeperson Grade 2 |
||
|
Timekeeper/Security Officer Grade 2 |
||
|
Forklift Driver |
||
|
Handyperson |
||
Level 4 |
Cook Grade 3 |
27.77 |
1055.10 |
|
Storeperson Grade 3 |
||
|
Food & Beverage Attendant Grade 4 (Tradesperson) |
||
|
Guest Service Grade 4 |
||
Level 5 |
Cook Grade 4 |
29.28 |
1112.60 |
|
Food & Beverage Supervisor |
||
|
Guest Services Supervisor |
||
Level 6 |
Cook Grade 5 |
29.97 |
1138.70 |
Note 1: Casual employees receive the applicable hourly rate of pay outlined above, plus the relevant casual loading outlined in Clause 12 – Casual employment.
Note 2: A summary of the award that includes detailed pay schedules can be found at http://www.lgirs.wa.gov.au/awardsummaries.
25.3 Junior employees
(a) The minimum wages payable to junior employees under the age of 20 (Levels 1, 2 and 3) for ordinary hours of work are as follows:
Age |
% of the appropriate adult rate (Levels 1, 2 or 3) |
Under 16 years of age |
50 |
16 years of age |
60 |
17 years of age |
70 |
18 years of age |
80 |
19 years of age |
90 |
20 years of age and over |
Full adult rates |
(b) Junior employees under the age of 20 employed at Level 4, 5 or 6 must be paid full adult rates.
25.4 Apprentices
The minimum wages payable to apprentices are as follows:
4 year term |
3.5 year term |
3 year term |
Age |
% of standard weekly rate |
1st year |
0 – 6 months |
|
Under 21 |
42% |
21 or over |
75%* |
|||
2nd year |
7 – 18 months |
1st year |
Under 21 |
55% |
21 or over |
75%* |
|||
3rd year |
19 – 30 months |
2nd year |
All ages |
75% |
4th year |
31 – 42 months |
3rd year |
All ages |
88% |
* This is equivalent to the minimum adult apprentice wage
26. Minimum adult award wage
26.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
26.2 The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.
The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
26.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.
26.4 Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
26.5 Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
26.6 The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
26.7 Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
26.8 Subject to this clause the minimum adult award wage shall –
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
26.9 Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
26.10 Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
27. Option for annualised salary
27.1 As an alternative to being paid by the week according to the rates in this award, an employer and a full time or part time employee may enter into a written agreement for the employee to be paid an annualised salary that is at least 25% more than the amounts prescribed in Clause 25 – Wages multiplied by 52 for the work being performed.
27.2 Where a written agreement for an annualised salary is entered into, the agreement must specify:
(a) the annualised salary that is payable;
(b) which of the provisions of this award will be satisfied by payment of the annualised salary; and
(c) how the agreement may be terminated by either party.
27.3 In such cases, there is no requirement to pay:
(a) Penalty rates (Clause 14);
(b) Overtime (Clause 17); or
(c) Annual leave loading (Clause 19.4),
provided that the salary paid over a year is sufficient to cover what the employee would have been entitled to if all award penalty rate, overtime and annual leave loading obligations had been complied with.
27.4 The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
27.5 An employee being paid according to this clause will be entitled to a minimum of 8 days off per 4-week cycle. If the employee is required to work on a public holiday, they are entitled to a day off in lieu or a day added to their annual leave entitlement.
27.6 Annualised salary not to disadvantage employees
(a) The annualised salary must be no less than the amount the employee would otherwise have received under this award for the work performed over the year (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).
(b) The employer must, each 12 months from the commencement of the annualised salary arrangement (or within any 12 month period upon the cessation of employment or termination of the agreement), calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised salary actually paid to the employee. Where the latter amount is less than the former amount, the employer must pay the employee the amount of the shortfall within 14 days.
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised salary arrangement agreement for the purpose of undertaking the comparison required by Clause 27.6(b). This record must be signed by the employee or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
28. Payment of wages
28.1 The employer may elect to pay employees in cash or by means of a credit transfer to a bank, building society or credit union account specified in the name of the employee. The day that the credit transfer is credited to the employee's account is be deemed to be the date of payment.
28.2 Wages may be paid either for the actual hours worked each pay period or an amount being the weekly average of the wages accruing over the roster cycle.
28.3 Payment must be made within 3 trading days from the last day of the pay period and if in cash must be made during the employee’s ordinary working hours.
28.4 If an employee is paid in cash and they are not rostered to work on a pay day, the employee may request that their wages be paid prior to the pay day, in which case the employer must make payment accordingly.
28.5 The employer must not change the method of payment to employees, or the frequency of payment to employees, without first giving them at least 4 weeks' notice of such change.
28.6 The employer may elect to pay employees weekly or fortnightly.
28.7 The method of introducing a fortnightly pay system will be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays, to be repaid by equal fortnightly deductions made from the next and subsequent pays. Provided the period for repayment must not be less than 20 weeks, or some other method agreed upon by the employer and the employee.
28.8 An employee who lawfully terminates their employment, or is dismissed for reasons other than misconduct, must be paid all wages due to them by the employer on the day of termination of their employment or as soon as practicable after the date of termination of their employment.
29. Higher duties
29.1 If an employee is required to perform the duties of a higher classification under this award for 2 or more hours, the employer must pay the employee the applicable rate of pay for the higher classification while they are undertaking that work.
29.2 If an employee is required to perform the duties of a higher classification under this award for more than half of any day or shift, they must be paid for the whole day or shift at the rate prescribed for the higher classification.
29.3 In the event that no record is kept of the actual times an employee was required to perform the duties of a higher classification on any day or shift, the employee must be paid for the whole day or shift at the rate prescribed for the higher classification.
29.4 Any employee who is required to perform duties carrying a lower prescribed rate of pay will do so without any loss of pay.
30. Supported wage system
30.1 Definitions
This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:
(a) approved assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.
(b) assessment instrument means the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
(c) disability support pension means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(d) supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
(e) SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
30.2 Eligibility criteria
(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.
(b) This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.
30.3 Supported wage rates
(a) Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
Assessed Capacity |
% of Prescribed Award Rate |
10% |
10% |
20% |
20% |
30% |
30% |
40% |
40% |
50% |
50% |
60% |
60% |
70% |
70% |
80% |
80% |
90% |
90% |
(b) Provided that the minimum amount payable must not be less than $109.00 per week.
(c) Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
30.4 Assessment of capacity
(a) For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, the union.
(b) All assessments made under this clause must be documented in a SWS wage assessment agreement and retained by the employer as a time and wages record.
30.5 Lodgement of SWS wage assessment agreement
(a) All SWS wage assessment agreements under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by the employer with the Commission.
(b) All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where the union is not a party to the assessment, the assessment will be referred by the Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.
30.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the SWS.
30.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro-rata basis.
30.8 Workplace adjustment
An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
30.9 Trial period
(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
(b) During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
(c) The minimum amount payable to the employee during the trial period must be no less than $109.00 per week.
(d) Work trials should include induction or training as appropriate to the job being trialled.
(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under Clause 30.4 – Assessment of capacity.
31. Traineeships
The minimum rates of pay and conditions of employment applicable to Trainees will be those set out in Schedule E – National Training Wage of the Miscellaneous Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Restaurant, Café and Catering (WA) Award.
32. Superannuation
32.1 The employer must contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 as varied from time to time.
32.2 Contributions must be paid into one of the following funds:
(a) any complying fund nominated by the employee; or
(b) the employee’s stapled fund; or
(c) Hostplus Super Fund, which will become the “nominated fund” if no fund is nominated by the employee and there is no stapled fund.
32.3 For the purposes of this clause the employee’s ordinary time earnings will include base classification rate, shift and weekend penalties and any other all purpose allowance or penalty payment for work in ordinary time and in respect of casual employees the casual loading.
32.4 Employee’s options
(a) Within 14 days of commencing employment, the employer must notify the employee of the employee’s entitlement to nominate a complying fund.
(b) Any failure by the employee to nominate a fund will not affect the employee’s eligibility to receive contributions.
(c) The employee and employer will be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.
(d) The employer must not unreasonably refuse to agree to a change of complying fund requested by an employee.
32.5 Employees’ additional voluntary contributions
The employer will deduct additional contributions from an employee's wages and pay them to the fund in compliance with both of the following:
(a) the rules of the fund; and
(b) the directions of the employee; but not otherwise.
Part 6 – Allowances and facilities
33. Location allowance
33.1 Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee will be paid the following weekly allowances when employed in the following towns.
TOWN |
PER WEEK |
|
|
Agnew |
$25.90 |
Argyle |
$70.00 |
Balladonia |
$27.20 |
Barrow Island |
$45.60 |
Boulder |
$11.10 |
Broome |
$41.90 |
Bullfinch |
$12.10 |
Carnarvon |
$21.50 |
Cockatoo Island |
$45.80 |
Coolgardie |
$11.10 |
Cue |
$26.70 |
Dampier |
$36.50 |
Denham |
$21.50 |
Derby |
$43.50 |
Esperance |
$7.40 |
Eucla |
$29.10 |
Exmouth |
$38.50 |
Fitzroy Crossing |
$52.90 |
Halls Creek |
$61.40 |
Kalbarri |
$9.40 |
Kalgoorlie |
$11.10 |
Kambalda |
$11.10 |
Karratha |
$44.10 |
Koolan Island |
$45.80 |
Koolyanobbing |
$12.10 |
Kununurra |
$70.00 |
Laverton |
$26.60 |
Learmonth |
$38.50 |
Leinster |
$25.90 |
Leonora |
$26.60 |
Madura |
$28.20 |
Marble Bar |
$68.20 |
Meekatharra |
$23.10 |
Mount Magnet |
$29.00 |
Mundrabilla |
$28.70 |
Newman |
$24.90 |
Norseman |
$23.30 |
Nullagine |
$68.10 |
Onslow |
$45.60 |
Pannawonica |
$33.90 |
Paraburdoo |
$33.80 |
Port Hedland |
$36.40 |
Ravensthorpe |
$13.60 |
Roebourne |
$50.80 |
Sandstone |
$25.90 |
Shark Bay |
$21.50 |
Southern Cross |
$12.10 |
Telfer |
$62.50 |
Teutonic Bore |
$25.90 |
Tom Price |
$33.80 |
Whim Creek |
$43.60 |
Wickham |
$42.00 |
Wiluna |
$26.10 |
Wyndham |
$65.40 |
33.2 Except as provided in Clause 33.3, an employee who has:
(a) a dependant must be paid double the allowance prescribed in Clause 33.1 of this clause;
(b) a partial dependant must be paid the allowance prescribed in Clause 33.1 of this clause plus the difference between that rate and the amount the partial dependant is receiving by way of a district or location allowance.
33.3 Where an employee:
(a) is provided with board and lodging by their employer, free of charge; or
(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;
the employee must be paid 662/3 per cent of the allowances prescribed in Clause 33.1.
33.4 Subject to Clause 33.2, junior employees, casual employees, part time employees, apprentices receiving less than the adult rate and employees employed for less than a full week must receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.
33.5 Where an employee is on annual leave or receives payment in lieu of annual leave, they must be paid for the period of leave the location allowance to which they would ordinarily be entitled.
33.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) they will only be paid location allowance for the period of leave they remain in the location in which they are employed.
33.7 For the purposes of this clause:
(a) Dependant means –
(i) a spouse or defacto partner; or
(ii) a child where there is no spouse or defacto partner;
who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.
(b) Partial Dependant means a “dependant” who receives a location allowance which is less than the location allowance prescribed in Clause 33.1 or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.
33.8 Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of Clause 33.1 will be an amount as may be agreed between the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.
33.9 Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices will be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth, measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents.
34. Meal allowance
If an employee is required to work overtime beyond the end of their shift for more than 2 hours on any day without being notified of that requirement on or before the previous day, the employer must:
(a) pay the employee a standard meal allowance; or
(b) supply the employee with a meal.
35. Split shift allowance
35.1 Clause 35.2 applies to any full time or part time employee who is required to work any of their ordinary hours on any day in more than one period, other than for meal and rest breaks.
35.2 The employer must pay the employee a standard split shift allowance for each separate work period that day.
36. Uniforms and laundering
36.1 For the purpose of this clause a “special uniform” will consist of articles or clothing such as monogrammed or coloured jackets, dresses, blouses, overalls, aprons, caps, collars, cuffs or other special apparel which the employer may require an employee to wear whilst on duty; provided that the ordinary apparel usually worn by Waiters and Stewards will not be deemed to be special uniforms within the meaning of this clause.
36.2 If an employee is required to wear a special uniform for the purposes of their employment, the employer must supply the special uniform free of charge or pay for its purchase. The uniform will remain the property of the employer.
36.3 Subject to Clause 36.4, an employer requiring a special uniform to be worn, as described in Clause 36.1, will launder such clothing at their own expense or otherwise will pay to the employee concerned $7.20 per fortnight worked as a laundry allowance. The laundry allowance will be halved for employees who work less than 38 ordinary hours each fortnight.
36.4 Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments will be laundered at the employer's expense or otherwise the employee will be paid $11.00 per fortnight worked as a laundry allowance. The laundry allowance will be halved for employees who work less than 38 ordinary hours each fortnight.
36.5 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
37. Meals and/or accommodation
37.1 No employee is compelled to take meals and/or utilise accommodation on the employer's premises, and it must not be a condition of employment that any employee will do so.
37.2 Where, by mutual consent, meals and accommodation are provided, the employer will be entitled to deduct the following maximum amounts per fortnight from an employee’s wage:
(a) Full meals and accommodation of 42 meals per fortnight:
(i) Single accommodation $180.45
(ii) Shared accommodation $135.45
(b) Individual meals $3.35 each
(c) Junior employees who are in receipt of less than a full adult rate will not have amounts deducted in excess of 70% of the rates prescribed in Clause 37.2(a).
(d) The rates prescribed in Clause 37.2(a) will be reduced pro rata for any period less than a fortnight.
37.3 Mutual consent for the purpose of this clause means a document which the employee has signed agreeing to the amount of meals and accommodation offered by the employer. Such an agreement may be cancelled by either party by giving 14 days' written notice to the other party.
37.4 Employees who utilise accommodation on the employer’s premises will be provided with the following:
(a) a common sitting room apart from their bedroom;
(b) a properly equipped bathroom; and
(c) access to a laundry at such times as are mutually agreed upon between the employee and the employer.
37.5 Subject to Clause 37.4(c), where an employee is required to use a coin operated washing machine and/or dryer in a laundry, the meals and accommodation charges for that employee will be reduced by the amount of $3.85 per fortnight.
37.6 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
38. Protective clothing
38.1 Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances, will be supplied with rubber gloves free of charge by the employer or be reimbursed for the cost of the rubber gloves. For this purpose, the employer may require the employee to show evidence of that cost.
38.2 Where the conditions of work are such that employees are unable to avoid their clothing becoming dirty or wet, they will be supplied with suitable protective clothing by the employer free of charge.
38.3 Where the conditions of work are such that employees are unable to avoid their feet becoming wet, they will be supplied with suitable protective footwear by the employer free of charge.
38.4 All articles supplied remain the property of the employer and must be returned when required in good order and condition, fair wear and tear expected.
38.5 Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 43 – Dispute resolution procedure of this award.
39. Work equipment
39.1 All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, will be supplied by the employer free of charge.
39.2 The employer must pay a cook or an apprentice cook who is required to provide and use their own tools a standard tool and equipment allowance.
39.3 The employer must reimburse an employee for the cost of purchasing any towels, tools, knives, choppers, implements, utensils or other materials that the employee is required to provide and use and that are not supplied or paid for by the employer and in respect of which a tool and equipment allowance is not payable under Clause 39.2.
40. Travelling facilities
40.1 Where an employee is detained at work until it is too late to travel by the last ordinary bus, train or other regular public transport to their usual place of residence the employer will provide alternative transport free of charge.
40.2 If an employee is required to start work before the first ordinary means of public transport as described in Clause 40.1 is available to transport them from their usual place of residence to the place of employment, the employer will provide alternative transport free of charge.
40.3 Clauses 40.1 and 40.2 do not apply to an employee who usually has their own means of transport.
40.4 Working at an alternative location
An employer must pay an employee who works away from their usual work location at their minimum hourly rate for any excess time spent travelling both ways between the employee’s residence and the alternative location.
40.5 Distance work
In addition to Clause 40.4, the employer must pay the employee for the cost of transport both ways between the employee’s residence and their place of work when all the following circumstances are met:
(a) the employee is engaged for work that requires the employee to travel 80 kilometres or more from their usual place of work to take up the engagement; and
(b) the employee performs their work to the satisfaction of their employer for a period of up to 4 weeks; and
(c) the employee is willing to complete the full period of the engagement.
41. First aid kit
Employers must provide and continuously maintain in a place easily accessible to all employees an adequate first aid kit.
42. Union facilities
42.1 Display of information
A copy of this award, if supplied by the union, must be exhibited by the employer on the business premises in a place that is conveniently and readily seen by each employee.
42.2 The Secretary of the union, or any other duly accredited representative of the union, is permitted to post notices relating to union business in a place that is conveniently and readily seen by each employee.
42.3 Union delegates
In an establishment a union delegate may be elected by the employees. This delegate must be recognised by the employer and must be allowed all necessary time during working hours to submit to the employer industrial matters affecting the employees they represent and to attend to any industrial dispute or industrial matter that may arise affecting the employees in that establishment.
42.4 The union and an employer may agree to further delegates having regard for the size of the establishment and the shift arrangements for the work performed.
42.5 Prior to the intended dismissal of a union delegate, the employer must notify the union of the reasons for the dismissal.
42.6 (a) At each employer’s establishment the union will be allowed to convene one "union meeting" each year, during ordinary working hours, in accordance with the following conditions:–
(i) the meeting is to be held on any day of the week other than a Thursday, Friday or Saturday, Sunday or public holiday;
(ii) the duration of the meeting will not exceed 3 hours;
(iii) the time, date and venue of the meeting must be agreed between the union and the employer;
(iv) each employee attending the meeting during ordinary rostered working hours must be paid for those hours, provided the employee produces satisfactory evidence of having attended the meeting to their employer.
(b) For the purposes of this subclause and by agreement between the union and the employer, the term "union meeting", may mean several individual meetings held at different times, dates and venues to discuss the same subject matter provided that an employee is only entitled to attend or be paid for attending one meeting each year.
42.7 For the avoidance of doubt, “agreement” in this clause may not be unreasonably withheld.
Part 7 – Dispute Resolution
43. Dispute resolution procedure
43.2 At first instance the matter will be raised with the supervisor/manager as appropriate.
43.3 In the event that the matter is unresolved it may be raised with the employer by the individual concerned (or his/her representative), or the shop steward or union official involved.
43.4 If the matter is still not resolved it may be referred to the Western Australian Industrial Relations Commission for determination, and if necessary, arbitration.
43.5 The parties will attempt to resolve the matter prior to either party referring the matter to the Western Australian Industrial Relations Commission.
43.6 Nothing in this clause is to be read so as to exclude an organisation party to or bound by the award from representing its members.
Part 8 – Record Keeping, Payslips and Right of Entry
44. Employment records and pay slips
An employer must keep employment records and provide pay slips in accordance with Part II, Division 2F – Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979.
45. Right of entry
Conditions regarding right of entry by authorised representatives of the union are dealt with in Part II, Division 2G – Right of entry and inspection by authorised representatives of the Industrial Relations Act 1979.
Part 9 – Named Parties
46. Named parties to the award
Union Party
46.1 United Workers Union (WA)
Employer Parties
46.2 Restaurant and Catering Industry Association of Employers of Western Australia Inc
Western Australian Hotels and Hospitality Association Incorporated (Union of Employers)
Meals on Wheels
Perth City Council
The City of Stirling
Yule Brook College Parents and Citizens’ Association Incorporated
Schedule A – Classifications
A.1 Food and Beverage Attendant Grade 1 means an employee who is engaged in any of the following:
(a) picking up glasses;
(b) general assistance to food and beverage attendants of a higher grade not including service to customers;
(c) removing food plates;
(d) setting and/or wiping down tables;
(e) cleaning and tidying of associated areas.
A.2 Food and Beverage Attendant Grade 2 means an employee who is engaged in any of the following:
(a) supplying, dispensing or mixing of liquor including the sale of liquor from the bottle department;
(b) assisting in the cellar or bottle department;
(c) undertaking general waiting duties of both food and/or beverage including cleaning of tables;
(d) receipt of monies;
(e) attending a snack bar;
(f) engaged on delivery duties.
A.3 Food and Beverage Attendant Grade 3 is an employee who is required to perform work above and beyond the skills of a Food and Beverage Attendant Grade 2 and is engaged in any of the following:
(a) supplying, dispensing or mixing of liquor including the sale of liquor from the bottle department;
(b) assisting in the cellar or bottle department, where duties could include working up to 4 hours per day (averaged over the relevant work cycle) in the cellar without supervision;
(c) undertaking general waiting duties of both food and liquor including cleaning of tables;
(d) receipt and dispensing of monies;
(e) engaged on delivery duties; or
(f) in addition to the tasks performed by a food and beverage attendant grade 2 the employee is also involved in:
(i) the operation of a mechanical lifting device; or
(ii) attending a wagering (e.g. TAB) terminal, electronic gaming terminal or similar terminal.
(g) and/or means an employee who is engaged in any of the following:
(i) full control of a cellar or liquor store (including the receipt, delivery and recording of goods within such an area);
(ii) mixing a range of sophisticated drinks;
(iii) supervising food and beverage attendants of a lower grade;
(iv) taking reservations, greeting and seating guests;
(v) training food and beverage attendants of a lower grade.
A.4 Food and Beverage Attendant (Tradesperson) Grade 4 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and carries out specialised skilled duties in a fine dining room or restaurant.
A.5 Food and Beverage Supervisor means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and who has the responsibility for supervision, training and co-ordination of food and beverage staff, or stock control for a bar or series of bars.
Kitchen
A.6 Kitchen Attendant Grade 1 means an employee engaged in any of the following:
(a) general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils used in a kitchen and restaurant;
(b) assisting employees who are cooking;
(c) assembly and preparation of ingredients for cooking; or
(d) general pantry duties.
A.7 Kitchen Attendant Grade 2 means an employee who has the appropriate level of skills and experience, and who is engaged in specialised non-cooking duties in a kitchen or food preparation area, or supervision of kitchen attendants.
A.8 Kitchen Attendant Grade 3 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification, and has the responsibility for the supervision, training and co-ordination of kitchen attendants of a lower grade.
A.9 Cook Grade 1 means an employee who carries out cooking of breakfasts and snacks, baking, pastry cooking or butchering.
A.10 Cook Grade 2 means an employee who has the appropriate level of skills and experience or who has completed an appropriate qualification and who performs cooking duties including baking, pastry cooking or butchering.
A.11 Cook (Tradesperson) Grade 3 means a “commi chef” or equivalent who has completed an apprenticeship or an appropriate qualification, and who is engaged in cooking, baking, pastry cooking or butchering duties.
A.12 Cook (Tradesperson) Grade 4 means a “demi chef” or equivalent who has completed an apprenticeship or an appropriate qualification, and who is engaged to perform general or specialised cooking, butchering, baking or pastry cooking duties and/or supervises and trains other cooks and kitchen employees.
A.13 Cook (Tradesperson) Grade 5 means a “chef de partie” or equivalent who has completed an apprenticeship or a specialist qualification in cooking, butchering, baking or pastry cooking who performs any of the following:
(a) general and specialised duties including supervision or training of other kitchen staff;
(b) ordering and stock control; or
(c) solely responsible for other cooks and other kitchen employees in a single kitchen establishment.
Guest Service
A.14 Guest Service Grade 1 means an employee who performs any of the following:
(a) laundry and/or linen duties which may include minor repairs to linen or clothing such as buttons, zips, seams, and working with flat materials;
(b) performs general cleaning duties; or
(c) parking guest cars.
A.15 Guest Service Grade 2 means an employee who is engaged in any of the following:
(a) assisting in the dry cleaning process; or
(b) cleaning duties using specialised equipment and chemicals.
A.16 Guest Service Grade 3 means an employee who has the appropriate level of skills and experience and who is engaged in any of the following:
(a) supervising guest service employees of a lower grade;
(b) major repair of linen and/or clothing including basic tailoring and major alterations and refitting; or
(c) dry cleaning.
A.17 Guest Service Grade 4 means an employee who has completed an apprenticeship or an appropriate qualification or who has the appropriate level of skills and experience to perform the work of a tradesperson in dry cleaning or tailoring.
Stores Stream
A.18 Storeperson Grade 1 means an employee who receives and stores general and perishable goods and cleans the store area.
A.19 Storeperson Grade 2 means an employee who, in addition to the duties for a storeperson Grade 1, may also operate mechanical lifting equipment such as a forklift or who may perform duties of a more complex nature.
A.20 Storeperson Grade 3 means an employee who has the appropriate skills and experience and who:
(a) implements quality control techniques and procedures;
(b) understands and is responsible for a stores/warehouse area or a large section of such an area; and
(c) has a highly developed level of interpersonal and communications skills; and
(d) is able to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction; and
who may perform indicative tasks such as:
(e) liaising with management, suppliers and customers with respect to stores operations; detailing and co-ordinating activities of other storepersons and acting in a leading hand capacity for in excess of 10 storepersons; and
(f) Maintaining control registers including inventory control and being responsible for preparation and reconciliation or regular reports or stock movements, dispatches, etc.; and
(g) Supervising the receipt and delivery of goods, records, outgoing goods, responsible for the contents of a store.
Security stream
A.21 Doorperson/security officer Grade 1 means a person who assists in the maintenance of dress standards and good order at an establishment.
A.22 Timekeeper/security officer Grade 2 means a person who is responsible for the timekeeping of employees, the security of keys, the checking in and out of delivery vehicles or the supervision of doorperson/security officer Grade 1 employees.
Schedule B – School Canteen Employees
B.1 Without limiting the scope of this Award, the provisions of this clause only apply to canteen employees employed in government schools.
B.2 This clause does not apply to canteen employees employed by the Director General of the Department of Education.
B.3 To the extent that the provisions of this clause are inconsistent with the provisions in any other clause of this Award, the provisions of this clause prevail.
B.4 Definitions
Canteen Employee – means an employee who works in a school canteen.
Committee – means a person or persons delegated with the function of overseeing the management of a school canteen.
Canteen Employee Grade 2 – means a canteen employee who is engaged in any of the following:
(a) Supplying, dispensing, warming or generally preparing light snack meals;
(b) Undertaking general serving duties of both food and/or refreshments;
(c) Maintaining canteen cleanliness;
(d) Attending a canteen customer service counter;
(e) Receipt of monies and dispensing change;
(f) Delivery duties to classrooms, when required.
Note: A canteen employee Grade 2 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 2.
Canteen Employee Grade 3 – means a canteen employee who coordinates volunteers and a maximum of 2 other canteen employees per week, and/or in addition to Grade 2 is engaged in any of the following:
(a) Controls canteen stock (including the weekly receipt, recording and ordering of basic pro forma stock);
(b) In consultation with Committee, coordinates rosters for staff and volunteers;
(c) In consultation with Committee, coordinates and/or prices snack food menus.
Note: A canteen employee Grade 3 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 3.
Canteen Supervisor Grade 4 – means a canteen employee who supervises volunteers and more than 2 other canteen employees and/or in addition to Grade 3 manages canteen stock (including responsibility for stock take and budgeted ordering).
Note: A canteen employee Grade 4 is entitled to be paid the same rate as a Food and Beverage Attendant Grade 4.
B.5 Canteen employees will commence employment at a level not lower than a Canteen Employee Grade 2.
B.6 Part time Canteen Employees
(a) Notwithstanding the provisions of Clause 11 – Part time employment, a canteen employee may be employed for less than 20 ordinary hours per fortnight, provided they are employed for no less than 3 hours per day on a regular and rostered basis on set hours of the day and set days of the week.
(b) A part time canteen employee rostered for less than 20 ordinary hours per fortnight must be paid in accordance with Clause 17 – Overtime for hours worked in excess of their rostered hours.
(c) Notwithstanding any other provisions of this Award, a part time canteen employee who works 20 or more hours per fortnight may, by agreement with their employer, increase their ordinary hours in any particular fortnight to a maximum of 76 ordinary hours. Such extra hours are paid for at ordinary rates of pay.
(d) A part time canteen employee is entitled to receive payment for wages, annual leave and personal leave on a pro-rata basis in the same proportion as the number of hours worked each fortnight bears to 76 hours.
Schedule C – No reduction
C.1 Despite the provisions of this award, an existing employee (including a casual employee) as at 31 July 2025 who continues to be employed with the same employer after that date must not be paid less than they would have been paid for the same work under the provisions of the award as it stood prior to that date.
VARIATION RECORD |
||||
RESTAURANT, CAFÉ AND CATERING (WA) AWARD |
||||
Delivered 12/11/79 at 59 WAIG 1671.Section 93(6) Consolidation 19/06/85 at 65 WAIG 1275.Section 93(6) Consolidation 07/10/88 at 68 WAIG 2608.Section 93(6) Consolidation 13/10/92 at 72 WAIG 2389.Section 93(6) Consolidation 25/03/97 at 77 WAIG 1014.Section 93(6) Consolidation 03/10/00 at 80 WAIG 5238 Consolidation 31/07/25 at Unreported |
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|
||||
CLAUSE NO. |
EXTENT OF VARIATION |
ORDER NO. |
OPERATIVE DATE |
GAZETTE REFERENCE |
|
|
|
|
|
Part 1 – Application and Operation |
||||
1.Title |
||||
|
Cl. |
4/20 |
31/07/25 |
Unreported |
2. Arrangement |
||||
|
Cl. |
4/20 |
31/07/25 |
Unreported |
3. Scope |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
4. Area |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
5. Definitions |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 2 – Contract of Employment |
||||
6. Contract of employment and termination |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
7. Introduction of change |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
8. Redundancy |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
9. Anti-discrimination |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
10. Full time employment |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
11. Part time employment |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
12. Casual employment |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 3 – Hours of Work |
||||
13. Ordinary hours of work |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
14. Penalty rates |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
15. Rosters |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
16. Meal breaks and rest periods |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
17. Overtime
|
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 4 – Leave and Public Holidays |
||||
18. Public holidays |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
19. Annual leave |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
20. Personal leave |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
21. Long service leave |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
22. Bereavement leave |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
23. Parental leave |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
24. Family and domestic violence leave
|
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 5 – Rates of Pay |
||||
25. Wages |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
26. Minimum adult award wage |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
27. Option for annualised salary |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
28. Payment of wages |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
29. Higher duties
|
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
30. Supported wage system |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
31. Traineeships |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
32. Superannuation |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 6 – Allowances and facilities |
||||
33. Location allowance |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
34. Meal allowance |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
35. Split shift allowance |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
36. Uniforms and laundering |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
37. Meals and/or accommodation |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
38. Protective clothing |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
39. Work equipment |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
40. Travelling facilities
|
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
41. First aid kit |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
42. Union facilities |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 7 – Dispute Resolution |
||||
43. Dispute resolution procedure |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Part 8 – Record Keeping, Payslips and Right of Entry |
||||
44. Employment records and pay slips |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
45. Right of entry |
||||
|
Cl. |
4/20 |
31/07/25 |
Unreported |
Part 9 – Named Parties |
||||
46. Named parties to the award |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Schedule A – Classifications |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Schedule B – School Canteen Employees |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
Schedule C – No reduction |
||||
|
Replaced/Inserted |
4/20 |
31/07/25 |
Unreported |
V A R I A T I O N R E C O R D
RESTAURANT, CAFÉ AND CATERING (WA) AWARD
RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD
|
||||
|
||||
Delivered 12/11/79 at 59 WAIG 1671.Section 93(6) Consolidation 19/06/85 at 65 WAIG 1275.Section 93(6) Consolidation 07/10/88 at 68 WAIG 2608.Section 93(6) Consolidation 13/10/92 at 72 WAIG 2389.Section 93(6) Consolidation 25/03/97 at 77 WAIG 1014.Section 93(6) Consolidation 03/10/00 at 80 WAIG 5238. |
||||
|
||||
CLAUSE NO. |
EXTENT OF VARIATION |
ORDER NO. |
OPERATIVE DATE |
GAZETTE REFERENCE |
|
|
|
|
|
1.Title |
||||
|
Cl. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
(1A.State Wage Principles) |
||||
|
Cl. & Title |
1457/93 |
24/12/93 |
74 WAIG 198 |
(1A. State Wage Principles December 1993) |
||||
|
Cl. & Title |
985/94 |
30/12/94 |
75 WAIG 23 |
(1A. Statement of Principles December 1994) |
||||
|
Cl. & Title |
1164/95 |
21/03/96 |
76 WAIG 911 |
(1A. Statement of Principles March 1996) |
||||
|
Cl & Title |
915/96 |
7/08/96 |
76 WAIG 3368 |
(1A Statement of Principles - August 1996) |
||||
|
Cl & Title |
940/97 |
14/11/97 |
77 WAIG 3177 |
(1A. Statement of Principles – November 1997) |
||||
|
Cl. & Title |
757/98 |
12/06/98 |
78 WAIG 2579 |
(1A. Statement of Principles - June, 1998) |
||||
|
Del. Cl |
609/99 |
06/07/99 |
79 WAIG 1843 |
|
|
|
|
|
2. Arrangement |
||||
(EDIT NOTE: Schedule of Respondents not listed in this clause) |
||||
|
Cl. |
386/92 |
22/02/93 |
73 WAIG 377 |
|
Cl. |
386/92 Corr |
22/02/93 |
73 WAIG 377 |
|
Delete Sch. of Resp. & Ins. Schedule A & B |
1526/93 |
23/12/93 |
74 WAIG 142 |
|
1A. Title |
1457/93 |
24/12/93 |
74 WAIG 198 |
|
1A Title |
985/94 |
30/12/94 |
75 WAIG 23 |
|
Ins. (45) |
992/95 |
09/01/96 |
76 WAIG 403 |
|
1A. Title |
1164/95 |
21/03/96 |
76 WAIG 911 |
|
Ins. Appendix - Resolution... |
693/96 |
16/07/96 |
76 WAIG 2768 |
|
Ins. Appendix - S.49B... |
694/96 |
16/07/96 |
76 WAIG 2789 |
|
1A. Title |
915/96 |
7/08/96 |
76 WAIG 3368 |
|
1A |
940/97 |
14/11/97 |
77 WAIG 3177 |
|
1A. Title |
757/98 |
12/06/98 |
78 WAIG 2579 |
|
Del. 1A |
609/99 |
06/07/99 |
79 WAIG 1843 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Cl. |
131/05 |
12/05/05 |
85 WAIG 3225 |
|
Cl |
929/05 |
8/03/06 |
86 WAIG 509 |
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Cl. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
(2A. State Wage Case Principles - September 1989) |
||||
|
Del. cl. |
386/92 Corr |
22/02/93 |
73 WAIG 377 |
|
|
|
|
|
3. Area |
||||
|
Cl. |
12/10/23 |
5/22 |
104 WAIG 169 |
4. Scope |
||||
|
Cl. |
12/10/23 |
5/22 |
104 WAIG 169 |
(5. Term) |
||||
|
Del Cl. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
6. Definitions |
||||
|
(11) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
(6), Ins (27) |
17/06 |
24/03/06 |
86 AIG 791 |
|
(1) & (2) |
12/10/23 |
5/22 |
104 WAIG 169 |
7. Contract of Service |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
8. Hours |
||||
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
9. Additional Rates for Ordinary Hours |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
1381/92 |
14/03/93 |
73 WAIG 163 |
|
Cl. |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
Cl. |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
Cl. |
1029/01 |
08/01/02 |
82 WAIG 301 |
|
Cl |
974/02 |
28/01/03 |
83 WAIG 811 |
|
Cl |
635/03 |
11/3/05 |
85 WAIG 1219 |
|
Cl |
78/06 |
21/02/07 |
87 WAIG 483 |
|
Cl |
46/08 |
02/12/08 |
88 WAIG 2290 |
|
|
|
|
|
10. Overtime |
||||
|
(3); (6) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
(7) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(10A. Translation of casual Employees) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Cl |
752/01 |
01/08/01 |
81 WAIG 1721 |
|
Cl. |
797/02 |
01/08/02 |
82 WAIG 1369 |
|
Cl. |
569/03 |
5/06/03 |
83 WAIG 1899 & 2577 |
|
Del No, Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
11. Casual Workers |
||||
|
Cl. |
578/94 |
06/03/95 |
75 WAIG 952 |
|
(3) |
992/95 |
09/01/96 |
76 WAIG 403 |
|
(3) |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Rates & Ins. Text |
940/97 |
14/11/97 |
77 WAIG 3177 |
|
(3) |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
(3) rates, (b) ins. Text at end. |
609/99 |
01/08/99 |
79 WAIG 1843 |
|
Cl. |
654/00 |
01/08/00 |
80 WAIG 3379 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
(4), Ins (6) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(12. Part-Time Workers) |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
(12. Part-Time Employees) |
||||
|
Title |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
13. Meal Breaks |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
14. Meal Money |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
Cl. |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
Cl. |
1029/01 |
08/01/02 |
82 WAIG 301 |
|
Cl |
974/02 |
28/01/03 |
83 WAIG 811 |
|
Cl |
635/03 |
11/3/05 |
85 WAIG 1219 |
|
Cl. |
78/06 |
21/02/07 |
87 WAIG 483 |
|
Cl |
46/08 |
02/12/08 |
88 WAIG 2290 |
15. Sick Leave |
||||
|
(3) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
(1)(a)&(b), (4), (6) & (7) - Ins (9), (10) & (11) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
16. Bereavement Leave |
||||
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(17. Holidays) |
||||
|
(1), (2) |
1363/92 |
14/12/92 |
73 WAIG 159 |
17. Public Holidays |
||||
|
Title |
17/06 |
24/03/06 |
86 WAIG 791 |
18. Annual Leave |
||||
|
(9), ins. (10) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
(1) |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
(1), (4), (5)(a)(i), (6)(b) & (9) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
19. Long Service Leave |
||||
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
20. Payment of Wages |
||||
|
|
|
|
|
(20A. Translation of Full Time & Part Time Employees) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Cl. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
21. Wages |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
1381/92 |
14/03/93 |
73 WAIG 163 |
|
(1) |
016/94 |
18/04/94 |
74 WAIG 1283 |
|
(1) |
578/94 |
06/03/95 |
75 WAIG 952 |
|
(1) |
992/95 |
09/01/96 |
76 WAIG 403 |
|
Cl. |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Rates & Ins. Text |
940/97 |
14/11/97 |
77 WAIG 3177 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
(1)(a) rates, (1)(c)(iii) insert text |
609/99 |
01/08/99 |
79 WAIG 1843 |
|
Cl. |
654/00 |
01/08/00 |
80 WAIG 3379 |
|
(2) |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Cl. |
752/01 |
01/08/01 |
81 WAIG 1721 |
|
Cl. |
797/02 |
01/08/02 |
82 WAIG 1369 |
|
Cl. |
569/03 |
5/06/03 |
83 WAIG 1899 & 2577 |
|
Cl. |
570/04 |
4/06/04 |
84 WAIG 1521 & 2013 |
|
Cl. |
576/05 |
07/07/05 |
85 WAIG 2083 & 2807 |
|
(1) |
929/05 |
08/03/06 |
86 WAIG 509 |
|
Cl. |
957/05 |
07/07/06 |
86 WAIG 1631 & 2327 |
|
Cl. |
1/07 |
01/07/07 |
87 WAIG 1487 & 2246 |
|
Cl. |
115/07 |
01/07/08 |
88 WAIG 773 &1455 |
|
(1) |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
Cl. |
1/09 |
01/10/09 |
89 WAIG 735 & 1887 |
|
Cl. |
2/10 |
01/07/10 |
90 WAIG 568 & 1284 |
|
Cl. |
2/11 |
01/07/11 |
91 WAIG 1088 & 1684 |
|
Cl. |
2/12 |
01/07/12 |
92 WAIG 1437 |
|
Cl. |
1/13 |
01/07/13 |
93 WAIG 1105 |
|
Cl. |
1/14 |
01/07/14 |
94 WAIG 1321 |
|
Cl. |
1/15 |
01/07/15 |
95 WAIG 1289 |
|
Cl. |
1/16 |
01/07/16 |
96 WAIG 1138 |
|
Cl. |
1/17 |
01/07/17 |
97 WAIG 1203 |
|
Cl. |
1/18 |
01/07/18 |
98 WAIG 263 & 924 |
|
Cl. |
1/19 |
01/07/19 |
99 WAIG 509 & 1249 |
|
Cl. |
1/20 |
01/01/21 |
100 WAIG 1030 |
|
Cl. |
1/21 |
01/07/21 |
101 WAIG 1032 |
|
Cl. |
1/22 |
01/07/22 |
102 WAIG 983 |
|
Cl. |
1/23 |
01/07/23 |
103 WAIG 1311 |
|
(1) |
7/25 |
29/05/25 |
UNREPORTED |
|
|
|
|
|
(21A. Minimum Wage – Adult Males and Females) |
||||
|
Cl. |
992/95 |
09/01/96 |
76 WAIG 403 |
|
Min.wage prov |
940/97 |
14/11/97 |
77 WAIG 3177 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
(1) rate, (7) text |
609/99 |
01/08/99 |
79 WAIG 1843 |
|
Cl. |
654/00 |
01/08/00 |
80 WAIG 3379 |
|
(6)(a) |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Cl. |
752/01 |
01/08/01 |
81 WAIG 1721 |
|
Cl. |
797/02 |
01/08/02 |
82 WAIG 1369 |
|
Cl. |
569/03 |
5/06/03 |
83 WAIG 1899 & 2577 |
|
(9) |
1197/03 |
1/11/03 |
83 WAIG 3537 |
|
Cl. |
570/04 |
4/06/04 |
84 WAIG 1521 |
21A. Minimum Adult Award Wage |
||||
|
Cl. |
576/05 |
07/07/05 |
85 WAIG 2083 & 2807 |
|
Title |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Cl. |
957/05 |
7/07/06 |
86 WAIG 1631 & 2327 |
|
Cl. |
1/07 |
01/07/07 |
87 WAIG 1487 & 2246 |
|
Cl. |
115/07 |
01/07/08 |
88 WAIG 773 &1455 |
|
Cl. |
1/09 |
01/10/09 |
89 WAIG 735 & 1887 |
|
Cl. |
2/10 |
01/07/10 |
90 WAIG 568 & 1284 |
|
Cl. |
2/11 |
01/07/11 |
91 WAIG 1088 & 1684 |
|
Cl. |
2/12 |
01/07/12 |
92 WAIG 1437 |
|
Cl. |
1/13 |
01/07/13 |
93 WAIG 1105 |
|
Cl. |
1/14 |
01/07/14 |
94 WAIG 1321 |
|
Cl. |
1/15 |
01/07/15 |
95 WAIG 1289 |
|
Cl. |
1/16 |
01/07/16 |
96 WAIG 1138 |
|
Cl. |
1/17 |
01/07/17 |
97 WAIG 1203 |
|
Cl. |
1/18 |
01/07/18 |
98 WAIG 263 & 924 |
|
Cl. |
1/19 |
01/07/19 |
99 WAIG 509 & 1249 |
|
Cl. |
1/20 |
01/01/21 |
100 WAIG 1030 |
|
Cl. |
1/21 |
01/07/21 |
101 WAIG 1032 |
|
Cl. |
1/22 |
01/07/22 |
102 WAIG 983 |
|
Cl. |
1/23 |
01/07/23 |
103 WAIG 1311 |
|
|
|
|
|
(22. Junior Workers) |
||||
22. Junior Employees |
||||
|
Title |
17/06 |
24/03/06 |
86 WAIG 791 |
|
(1) |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
23. Apprentices |
||||
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(24. Bar Work) |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
1381/92 |
14/03/93 |
73 WAIG 163 |
|
Cl. |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
Cl. |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
Del. Cl. & Title |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
24. Option for Annualised Salary |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
25. Higher Duties |
||||
|
|
|
|
|
26. Uniforms and Laundering |
||||
|
(2), (3) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
(2), (3) |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
(2), (3) |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
(2) & (3) |
1029/01 |
08/01/02 |
82 WAIG 301 |
|
(2) & (3) |
974/02 |
28/01/03 |
83 WAIG 811 |
|
(2) & (3) |
635/03 |
11/3/05 |
85 WAIG 1219 |
|
(4) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
(2) & (3) |
78/06 |
21/02/07 |
87 WAIG 483 |
|
(2) & (3) |
46/08 |
02/12/08 |
88 WAIG 2290 |
|
|
|
|
|
27. Protective Clothing |
||||
|
(1) |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
(1) |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
(1) |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
(1) |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
(1) |
1029/01 |
08/01/02 |
82 WAIG 301 |
|
(1) |
974/02 |
28/01/03 |
83 WAIG 811 |
|
(1) |
635/03 |
11/3/05 |
85 WAIG 1219 |
|
(5) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
(1) |
78/06 |
21/02/07 |
87 WAIG 483 |
|
(1) |
46/08 |
02/12/08 |
88 WAIG 2290 |
|
|
|
|
|
(28. Workers' Equipment) |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
1782/96 |
04/02/97 |
77 WAIG 492 |
|
Cl. |
1158/98 |
28/07/98 |
78 WAIG 3334 |
|
Cl. |
740/00 |
29/11/00 |
80 WAIG 5614 |
|
Cl. |
1029/01 |
08/01/02 |
82 WAIG 301 |
|
Cl |
974/02 |
28/01/03 |
83 WAIG 811 |
|
Cl |
635/03 |
11/3/05 |
85 WAIG 1219 |
28. Employees' Equipment |
||||
|
Title |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Cl. |
78/06 |
21/02/07 |
87 WAIG 483 |
|
Cl |
46/08 |
02/12/08 |
88 WAIG 2290 |
|
|
|
|
|
(29. Limitation of Work) |
||||
|
Del. cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
(29. Limitation of Work – DELETED) |
||||
|
Ins. title. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
|
|
|
|
29. No Reductions |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
|
|
|
|
30. Board and/or Lodging |
||||
|
Cl |
815/05 |
22/12/2005 |
86 WAIG 66 |
|
(4) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
31. Travelling Facilities |
||||
|
|
|
|
|
(32. Record) |
||||
|
Ins text.(3)(c) |
491/98 |
16/04/98 |
78 WAIG 1471 |
32. Employment Record |
||||
|
Title, (1), (3)(c)&(d)&(4) - Ins (3)(e)&(f) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
33. Roster |
||||
|
Cl. |
1363/92 |
14/12/92 |
73 WAIG 159 |
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
(3) |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
34. Change and Rest Rooms |
||||
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
35. First Aid Kit |
||||
|
|
|
|
|
36. Posting of Award and Union Notices |
||||
|
|
|
|
|
(37. Deleted) |
||||
|
Del. title |
386/93 |
22/02/93 |
73 WAIG 377 |
|
Del. title |
386/93 corr. |
22/02/93 |
73 WAIG 377 |
|
|
|
|
|
37. Superannuation |
||||
|
Ins. cl. |
386/93 |
22/02/93 |
73 WAIG 377 |
|
Ins. cl. |
386/93 corr. |
22/02/93 |
73 WAIG 377 |
|
Ins. Text |
599/98 |
30/06/98 |
78 WAIG 2559 |
|
Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(38. Australian Traineeship System) |
||||
|
Del. Cl. & Title |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
||||
(38. Over Award Payments) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(39. Under-Rate Workers) |
||||
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(40. Prohibition of Contracting out of Award) |
||||
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(41. Breakdowns) |
||||
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(42. Location Allowance) |
||||
|
Cl. |
851/92 |
07/07/92 |
72 WAIG 2498 |
|
Cl. |
943/93 |
01/07/93 |
73 WAIG 1989 |
|
Cl. |
714/94 |
01/07/94 |
74 WAIG 1869 |
|
Cl. |
641/95 |
01/07/95 |
75 WAIG 2125 |
|
Cl. |
911/96 |
01/07/96 |
76 WAIG 3365 |
|
Cl. |
1400/97 |
01/07/97 |
77 WAIG 2547 |
|
Cl. |
975/98 |
01/07/98 |
78 WAIG 2999 |
|
Cl. |
690/99 |
01/07/99 |
79 WAIG 1843 |
|
Cl. |
1050/00 |
01/08/00 |
80 WAIG 3153 |
|
Cl. |
718/01 |
01/08/01 |
81 WAIG 1559 |
|
Cl. |
686/02 |
01/07/02 |
82 WAIG 1185 |
|
Cl. |
570/03 |
01/07/03 |
83 WAIG 1657 |
|
Cl. |
696/04 |
01/07/04 |
84 WAIG 2145 |
|
Cl. |
458/05 |
01/07/05 |
85 WAIG 1893 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(43. Parental Leave) |
||||
|
Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(44. Trainees) |
||||
|
Del. Cl. & Title |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
(44. National Training Wage) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(45. Enterprise Flexibility) |
||||
|
Ins. cl. |
992/95 |
09/01/96 |
76 WAIG 403 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(46 Changes with Significant Effect and Redundancy) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(47. Right of Entry) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(48. Redundancy) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(49. Anti-Discrimination) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(50. No Extra Claims) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(51. Further Claims) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(52. Union Delegates & Meetings) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del No, Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(53. Temporary Exemption Clause) |
||||
|
Ins. Cl. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del No, Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
(54. School Canteen Workers) |
||||
|
Ins. Cl |
929/05 |
8/03/06 |
86 WAIG 791 |
|
Del No, Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
38. Supported Wage System for Employees with Disabilities |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
39. Prohibition of Contracting Out of Award |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
40. Breakdowns |
||||
|
Ins Title & Cl. |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
41. Location Allowance |
||||
|
Ins Title & Cl. |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Cl. |
59/06 |
01/07/06 |
86 WAIG 1471 |
|
Cl. |
53/07 |
01/07/07 |
87 WAIG 2435 |
|
Cl. |
9/08 |
01/07/08 |
88 WAIG 689 |
|
Cl. |
24/09 |
01/07/09 |
89 WAIG 729 |
|
Corr. Order Schedule B (7)(a)(i)&(ii) |
24/09 |
01/07/09 |
89 WAIG 2483 |
|
Cl. |
117/10 |
01/07/10 |
90 WAIG 561 |
|
Cl. |
24/11 |
01/07/11 |
91 WAIG 995 |
|
Cl. |
6/12 |
01/07/12 |
92 WAIG 725 |
|
Cl. |
7/13 |
01/07/13 |
93 WAIG 461 |
|
Cl. |
11/14 |
01/07/14 |
94 WAIG 669 |
|
Cl. |
118/15 |
01/07/15 |
95 WAIG 700 |
|
Cl. |
15/16 |
01/07/16 |
96 WAIG 631 |
|
Cl. |
20/17 |
01/07/17 |
97 WAIG 585 |
|
Cl. |
20/18 |
01/07/18 |
98WAIG 415 |
|
Cl. |
24/19 |
01/07/19 |
99 WAIG 615 |
|
Cl. |
10/20 |
01/07/20 |
100 WAIG 443 |
|
Cl. |
2/21 |
01/07/21 |
101 WAIG 455 |
|
Cl. |
2/22 |
01/07/22 |
102 WAIG 427 |
|
Cl. |
2/23 |
01/07/23 |
103 WAIG 523 |
|
|
|
|
|
42. Parental Leave |
||||
|
Ins Title & Cl. |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
43. National Training Wage |
||||
|
Ins Title & Cl. |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
44. Enterprise Flexibility |
||||
|
Ins Title & Cl. |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
45. Right of Entry |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
46. Termination, Introduction of Change and Redundancy |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
47. Anti-Discrimination |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
48. Resolution of Disputes |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
49. Further Claims |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
50. Union Delegates and Meetings |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
51. School Canteen Workers |
||||
|
Ins Title & Cl |
17/06 |
24/03/06 |
86 WAIG 791 |
|
|
|
|
|
(Appendix - Resolution of Disputes Requirements) |
||||
|
Ins. appendix |
693/96 |
16/07/96 |
76 WAIG 2768 |
|
(1),(6), Del. (7) |
2053/97 |
22/11/97 |
77 WAIG 3079 |
|
Del title & appendix |
17/06 |
24/03/06 |
86 WAIG 791 |
Schedule A - Named Union Party |
||||
|
Ins. schedule |
1526/93 |
23/12/93 |
74 WAIG 142 |
|
Sch. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
(Schedule A - Named Parties) |
||||
|
Del & Ins. sch |
131/05 |
12/05/05 |
85 WAIG 3224 |
|
Sch |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Del Sch. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
Schedule A Named Parties to the Award |
||||
|
Ins Sch. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
(Schedule) |
||||
|
Re-title schedule |
1526/93 |
23/12/93 |
74 WAIG 142 |
(Schedule B – Respondents) |
||||
|
Respondent deleted |
No. 76/80 Pts 29, 55, 92, 151, 162, 164, 174, 175, 177, 178, 179 & 181 |
18/04/97 |
77 WAIG 1260 |
|
Delete Respondents |
76/80, part 122 |
09/02/98 |
78 WAIG 1388 |
|
Delete Respondents |
76/80, part 28 |
30/04/98 |
78 WAIG 1883 |
|
Sch. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Sch |
17/06 |
24/03/06 |
86 WAIG 791 |
|
Del Sch. |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|
(Schedule C – Letter to Employees) |
||||
|
Ins. Sch. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del Title & Sch |
17/06 |
24/03/06 |
86 WAIG 791 |
(Appendix - S.49B - Inspection of Records Requirements) |
||||
|
Ins. appendix |
694/96 |
16/07/96 |
76 WAIG 2789 |
|
Ins. Text |
2053(1)/97 |
22/11/97 |
77 WAIG 3138 |
|
App. |
491/98 |
16/04/98 |
78 WAIG 1471 |
|
Del Title & App |
17/06 |
24/03/06 |
86 WAIG 791 |
Appendix – McDonald’s Australia Limited Franchisees |
||||
|
Ins. App. |
582/94 & 381/95 |
21/02/01 |
81 WAIG 820 |
|
Del. Respondent; Ins. Respondent |
A15/09 |
30/04/09 |
89 WAIG 507 |
|
|
|
|
|