Restaurant Industry Award employment types, rostering, and breaks

The Restaurant Industry Award 2020 defines employment structures and workplace conditions within Australia's restaurant sector. This award covers a diverse range of employees, including those involved in food preparation, service, and hospitality roles.

Employers must understand the various employment types outlined in this award and follow the detailed guidelines it provides for rostering and scheduling work hours. The award's comprehensive provisions for breaks and rest periods are essential for ensuring compliance and promoting the well-being and productivity of restaurant industry employees. This article can help you gain a thorough understanding of the specific expectations and requirements that govern employment under the Restaurant Industry Award.

Restaurant Industry Award employment types

Understanding the different employment classifications within the Restaurant Industry Award is important for effective management and compliance. This award organises employees based on their contract types and the regularity of their work hours, offering clear directives for various employment situations and regulations.

The Restaurant Industry Award defines three main types of employment:

• Full-time: These employees have ongoing contracts and generally work a stable 38 hours each week, providing job security and regular schedules. 

• Part-time: These employees work fewer hours than full-time staff, with their specific hours agreed upon in their contracts. They receive benefits proportionate to their work hours.

• Casual: These employees are employed on an as-needed basis without guaranteed hours. They receive a higher hourly rate, known as casual loading, to make up for the lack of regular hours and job security. 

The award also covers:

• On-hire employees: While not explicitly detailed in the award, these workers are hired through recruitment agencies and work in restaurant settings under arrangements that classify them as casual, part-time, or full-time based on their hours and the terms agreed with the agency.

• Trainees/apprentices: These individuals participate in programs that blend practical work experience with formal education. Their employment status (full-time or part-time) is determined by the terms of their training contracts.

Ordinary hours under the Restaurant Industry Award

Ordinary hours refer to the standard agreed-upon working hours, excluding overtime.

The Restaurant Award sets clear guidelines for the ordinary hours of work for various employment types within the restaurant sector. These guidelines ensure that employers adhere to the defined standard hours, fostering uniformity and fairness throughout the industry.

The Restaurant Industry Award 2020 provides additional ordinary hours conditions for full-time and part-time employees:

• Span of hours: Full-time employees may work a minimum of six hours on any day and a maximum of 11.5 hours on any day. Part-time employees may work a maximum of 11.5 hours on any day.
• Spread of hours: The spread of hours for employees working split shifts is a maximum of 12 hours. An employee can work more than 10 ordinary hours on a maximum of eight days within a four-week cycle, with no more than three of these days being consecutive.
• Work before official hours: Any time worked by an employee before the official spread of hours that is continuous with their ordinary hours, such as setting up the workplace for other employees, is considered part of the 38 ordinary hours of work.

Tips for effective management of work hours

To optimise productivity and ensure adherence to the Restaurant Industry Award, consider implementing these strategies:

• Monitor work hours: Diligently track employee hours to avoid surpassing the designated ordinary work hours. Use reliable tracking systems to assist managers in overseeing and addressing any potential overages, ensuring compliance across all employment types.
• Flexible scheduling: Introduce flexible scheduling options to accommodate both operational and employee needs. This flexibility can help employees manage personal commitments alongside their work responsibilities, promoting a better work-life balance.

• Regular reviews: Conduct periodic reviews of work-hour records to identify any irregular patterns that could lead to compliance issues. Proactively adjust schedules to prevent potential infractions, maintaining a balance between operational demands and employee well-being.

• Communication: Cultivate a workplace culture where employees feel comfortable discussing their schedules. Maintain open lines of communication regarding any changes or decisions affecting work hours to ensure transparency and mutual agreement.

Restaurant Award rostering 

Rostering involves scheduling employees' work shifts and hours.

The Restaurant Industry Award provides specific guidelines for developing and managing employee rosters, ensuring both fairness and compliance. It sets out detailed requirements to ensure that rostering practices are fair and adhere to the award's stipulations.

Strategies for effective roster management

Effective roster management is an important aspect of balancing the demands of the restaurant industry with the needs of employees. Here are several strategies tailored to the requirements of the Restaurant Award:

• Advance planning: Create rosters well ahead of time to ensure adequate staffing and minimise disruptions. This approach provides predictability and helps maintain a balanced workload.

• Employee input: Engage employees in the rostering process by discussing preferred working times and accommodating personal requests where possible. This practice can enhance job satisfaction and improve employee retention.

• Restaurant Award rostering flexibility: Use the flexibility offered by the award to adjust shift lengths and schedules to manage unexpected workload increases or cover staff shortages.

• Regular reviews: Regularly review rosters to make sure they meet operational demands and support employee well-being. Make adjustments as needed to maintain efficiency and employee satisfaction.

• Clear communication: Maintain open and ongoing communication about rostering policies. Clearly document and communicate any roster changes to all affected employees, ensuring everyone can prepare. 
• Training for managers: Provide managers with the necessary skills and knowledge to manage rosters effectively under the award. Training should cover the specifics of the award, including proper work hour management, handling change requests, and ensuring compliance with all relevant regulations.

Restaurant Industry Award breaks and rest periods

Breaks and rest periods are specific times during a work shift when employees can rest, eat, or handle personal needs.

This section details the entitlements and regulations regarding rest and meal breaks for restaurant industry employees, ensuring they receive adequate rest and that work schedules comply with the award's standards.

Additional details

There are some additional details to be aware of regarding breaks and rest periods under the Restaurant Industry Award: 

• Agreement on meal break timing: An employer and an employee can agree that an unpaid meal break is to be taken after the first hour of work and within the first six and a half hours of work. This agreement must be made after the start of the employee’s shift and within the first five hours of work. Either party can withdraw from the agreement within the first five hours of the work to which it applies.
• Higher rate if break not allowed: If the employer doesn’t allow the employee to take an unpaid meal break at the rostered time, the employer must pay the employee 50% extra of the ordinary hourly rate from when the meal break was due until they take the break or the shift ends.
• Higher rate if no rostered break: If the employer doesn’t allow the employee to take an unpaid meal break and there’s no rostered time for the break, the employer must pay the employee 50% extra of the ordinary hourly rate from the end of six hours (or six and a half hours if agreed) after starting work until they take they break or the shift ends.

Advice on scheduling breaks to enhance employee well-being and compliance

Effective break management is essential for compliance and significantly boosts employee satisfaction and productivity within the restaurant industry. Here are some practical strategies:

• Encourage full utilisation of breaks: Foster a workplace culture that not only permits but actively promotes employees taking their designated breaks. Emphasise the importance of breaks for mental and physical refreshment, which is essential for maintaining high levels of productivity and service quality in the restaurant industry.

• Facilitate communication: Create open communication channels for employees to express their preferences or concerns about break times. Although the award regulates break schedules, being flexible and accommodating employees' needs within these frameworks can enhance break utilisation and job satisfaction.

• Regular monitoring: Consistently monitor break schedules to ensure adherence. This practice helps identify any deviations from the award requirements and allows for prompt corrections to maintain compliance.

• Educate staff: Conduct regular training sessions for both employees and management on the specifics of break entitlements under the Restaurant Industry Award. Ensuring everyone is well-informed about their rights and responsibilities regarding breaks helps maintain standards and supports effective break schedule enforcement.

Restaurant Industry Award practical application: Example

Gourmet Bistro, a popular restaurant, faced challenges in managing the schedules of its diverse staff while complying with the Restaurant Industry Award. Lisa, the restaurant manager, aimed to improve efficiency and ensure compliance with the award, particularly regarding rostering, ordinary hours, and breaks.

Challenges

• Insufficient notice for rosters: Initially, rosters were released only a few days in advance, causing stress for employees who needed to manage personal commitments.
• Misunderstandings about minimum engagement: Some part-time staff were scheduled for fewer than the three-hour minimum engagement period, leading to compliance issues and employee dissatisfaction.
• Break management: Ensuring all employees received their entitled meal and rest breaks without disrupting service was challenging, especially during peak hours.

Resolution

• Revised communication on rostering policy: Lisa ensured all employees were informed that rosters would be provided at least seven days in advance, giving staff adequate time to plan around their shifts and ensuring compliance with the award.
• Adherence to minimum engagement period: The scheduling software was configured to automatically prevent shifts shorter than three hours for part-time employees and two hours for casual employees, ensuring compliance with the minimum engagement period specified in the award.
• Effective break management: Lisa adopted a digital scheduling system that tracks and alerts managers when employees’ breaks are due. The system ensured that meal breaks of at least 30 minutes were scheduled after the first hour and within the first six hours of work. Additional paid rest breaks were also scheduled as required by the award.

Outcome

By implementing these strategies, Gourmet Bistro effectively managed its diverse workforce, ensured compliance with the Restaurant Award, and maintained high levels of employee satisfaction and productivity. Regular reviews and open communication channels further enhanced their rostering and break management processes, creating a more organised and compliant work environment.

Key takeaways recap

In summary, here are the essential points and recommendations to ensure compliance with the Restaurant Industry Award 2020:

• Coverage: This award is essential for employees in Australia's restaurant sector, particularly those involved in food preparation, service, and hospitality roles.
• Employment types: The award recognises various employment types, including full-time, part-time, casual, on-hire workers, and trainees/apprentices. Each type has specific entitlements and conditions tailored to the nature of restaurant work.
• Ordinary hours: Full-time employees typically work 38 ordinary hours per week, which can be averaged over up to four weeks. Part-time employees have their hours specified in a written agreement established at the time of engagement, including consistent daily start and end times and specified workdays, with a minimum engagement period of three hours per shift. Casual employees can work up to 38 hours per week or as per a roster cycle, with a minimum engagement period of two consecutive hours per shift.
• Breaks and rest periods: Employees working five to 10 hours must take a 30-minute unpaid meal break after the first hour and within six hours, with an additional 20-minute paid break if delayed; those working over 10 hours receive two extra 20-minute paid rest breaks, which count as time worked.
• Rostering rules: Rosters must be accessible to employees at least 7 days in advance unless there are unforeseen operational requirements or by mutual agreement. Regular and predictable hours should be agreed upon in writing before the role commences. While the award allows flexibility in rostering to meet operational and individual needs, employers must communicate any changes clearly and in advance.
• Rest periods between shifts: Employees (other than casual employees) must have a minimum break of 10 hours between finishing ordinary hours on one day and starting ordinary hours the next day. For a roster changeover, there’s a minimum break requirement of eight hours. Employees must also have a minimum of eight full days off in a four-week period.

Simplifying Restaurant Award ordinary hours, rostering, and break management 

An understanding of ordinary hours alongside effective rostering and break management is essential for compliance with modern awards. Rippling's centralised platform offers powerful tools to simplify scheduling, track hours, and manage breaks. Key features include:

• Smart rostering: Create compliant rosters with a fair distribution of shifts and required rest periods.
• Automated time tracking: Automatically track employee hours from clock-in to payslip, eliminating manual data entry.
• Break tracking: Automatically track meal and rest period entitlements.
• Hours monitoring: Accurately monitor and record employee working hours.
• Compliance reporting: Generate reports on hours worked, breaks taken, and rostering patterns.

With Rippling, you can do more than just meet award compliance requirements; you can exceed them.

Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.