Fast Food Industry Award employment types, rostering, and breaks

Published

Jun 4, 2024

The Fast Food Industry Award 2020 plays a crucial role in defining employment structures and workplace conditions within Australia's fast food sector. This award applies to a wide range of employees, especially those engaged in food preparation, customer service, and store maintenance roles within fast food environments.

Employers need to understand the various employment types described in this award and follow the precise frameworks it provides for rostering and scheduling work hours. The award's comprehensive provisions for breaks and rest periods are essential for maintaining the well-being and productivity of fast food employees, helping them handle the industry's often demanding responsibilities effectively. This article will assist you in gaining a detailed understanding of the specific expectations and requirements that govern employment under the Fast Food Industry Award.

Fast Food Industry Award employment types

Understanding the various employment classifications within the Fast Food Industry Award is important for effective management and compliance. This award categorises workers based on their contract types and the consistency of their work hours, providing clear guidelines on different employment scenarios and regulations.

The Fast Food Industry Award identifies three primary types of employment:

  • Full-time: These staff members usually work a consistent 38 hours each week, securing job stability and regular schedules.
  • Part-time: These staff members are scheduled for fewer hours compared to full-time staff, with specific hours stipulated in their contracts. They receive proportional benefits based on their work hours.
  • Casual: These staff members are employed on an as-needed basis, these workers don’t have fixed hours. They earn a higher hourly rate to compensate for the lack of routine hours and employment security.

Furthermore, the award also accommodates:

  • On-hire employees: These individuals are hired through recruitment agencies under arrangements that classify them as casual, part-time, or full-time based on their hours and the terms with the agency.
  • Trainees/apprentices: These individuals are participants in programs that combine practical work experience with structured education, with their employment status (full-time or part-time) defined by their training contract terms.

Ordinary hours under the Fast Food Industry Award

Ordinary hours refer to the standard hours of work agreed upon, typically excluding overtime. Under the Fast Food Industry Award 2020, specific guidelines are established for the ordinary hours of work for various employment categories within clerical and administrative environments:

Ordinary hours

Notes

Full-time

38 hours a week

Full-time employees may work 38 ordinary hours per week, or, they can work 76 ordinary hours over two consecutive weeks, 114 ordinary hours over three consecutive weeks, or 152 ordinary hours over four consecutive weeks.

Part-time

Less than 38 hours a week

Part-time hours must be reasonably predictable with a written agreement established at the time of engagement specifying hours, days of the week, start and finish times each day, and meal break details.

Casual

Up to 38 hours a week

Casual employees may work hours up to the specified limit per week or as per a roster cycle. The minimum period of engagement of a casual employee is three hours.

Shiftwork

Up to 38 hours a week

Can be averaged over a four-week period or over an agreed roster period that doesn’t exceed 12 months. 

Shifts may include weekends, evenings, and public holidays.

On-hire

As per the contract with the hire agency

Conditions should reflect those of directly employed staff who perform comparable roles.

Apprentice/trainee

Can realize a profit or incur financial losses from their work

Does not bear an economic risk

The Fast Food Award also stipulates other conditions for full-time and part-time employees:

  • Regularity and schedule: At the time of engaging a part-time employee, the employer and the employee must agree in writing on a regular pattern of work.
  • Daily hours limit: The maximum ordinary hours shouldn’t exceed 11 hours per day or shift.

Tips for effective management of work hours

To optimise productivity and ensure compliance with the Fast Food Award, consider these strategies:

  • Monitor work hours: Vigorously monitor employee hours to prevent exceeding the prescribed limits for ordinary and overtime hours as outlined by the award. Employ tracking systems that help managers oversee and address potential overages, ensuring compliance for all employment types.
  • Flexible scheduling: While the Fast Food Industry Award provides a structure for work hours, it also offers some flexibility to meet operational and employee needs. Implementing flexible work hours can help employees manage personal commitments alongside their work responsibilities, enhancing work-life balance.
  • Regular reviews: Periodically review work-hour records to detect any irregular patterns that could lead to compliance issues. Proactively adjust schedules to avert any potential infractions, ensuring a balance between meeting operational demands and maintaining employee well-being.
  • Adapt to peak times: Recognise the variability in customer foot traffic and adjust schedules accordingly. Ensure sufficient staffing during peak hours to maintain service quality without overburdening the staff.
  • Communication: Foster a workplace culture where employees feel comfortable discussing their schedules. Regular communication about any changes or decisions affecting work hours is crucial to ensure transparency and agreement.

Fast Food Industry Award rostering 

Rostering is the process of scheduling employees’ work shifts and hours. The Fast Food Industry Award establishes clear guidelines for creating and managing employee rosters, ensuring both fairness and compliance. 

Roster management

Notes

Regular and predictable hours

The ordinary hours of work for each full-time and part-time employee should be regular, predictable, and agreed upon in writing before the commencement of the role.

Breaks

The timing and duration of breaks for part-time employees must be included in the roster and adhere to any agreements concerning their regular patterns of work. 

Notice periods

The award doesn’t stipulate notice periods for changes to working hours or days. The employer and the employee may agree to vary the regular pattern of work agreed to under clause 10.3 for a particular rostered shift provided that the agreed variation is recorded in writing, including by electronic means of communication, at or by the end of the affected shift; and the employer keeps a copy of the agreed variation and, if requested, gives a copy to the employee.

Roster flexibility

The Fast Food Industry Award allows for rostering flexibility as necessary. Employers and employees in this industry can mutually agree to vary the application of specific terms related to work hours to meet the genuine needs of the operations and the individuals involved.

Flexible working requests

Employees have the right to request flexible working arrangements for various reasons, such as family obligations. The award mandates that employers carefully consider these requests in line with the National Employment Standards (NES), permitting rejection solely on reasonable business justifications.

Strategies for effective roster management

Effective roster management is key to balancing the demands of the fast food industry with the needs of employees. Here are several strategies adapted to the specific conditions of the Fast Food Industry Award:

  • Advance planning: Develop rosters well in advance to meet the fast-paced demands of the fast food industry. This helps ensure that there’s adequate staffing during peak times and minimises disruptions, providing predictability for both full-time and part-time employees.
  • Employee input: Actively involve employees in the rostering process. This can include discussing preferred shifts and accommodating personal requests where possible, which helps increase job satisfaction and retention. 
  • Flexible rostering options: Use the flexibility offered by the award, such as adjusting shift lengths and schedules to handle unexpected increases in workload or to cover staff shortages.
  • Regular reviews: Periodically review the effectiveness of rosters to ensure they meet operational demands and support employee welfare. Adjustments should be made as needed to improve efficiency and employee satisfaction.
  • Clear communication: Maintain transparent and ongoing communication about rostering policies. Any changes to the roster should be clearly documented and communicated to all affected employees to ensure everyone’s informed and prepared.
  • Training for managers: Equip managers with the necessary skills and knowledge to manage rosters effectively under the Fast Food Industry Award. Training should cover the specifics of the award, including the proper management of work hours, handling of change requests, and adherence to compliance requirements.

Fast Food Industry Award breaks and rest periods

Breaks and rest periods are designated times during a work shift when employees are allowed to rest, eat, or attend to personal needs.

This section outlines the entitlements and rules surrounding rest and meal breaks for fast food sector employees, ensuring adequate rest and compliance with work schedule norms. Note that different rules may apply under specific circumstances, as outlined in the award.

Details

Notes

Unpaid meal breaks

Employees working five hours or more but less than nine hours are entitled to one unpaid meal break of at least 30 minutes, but not more than 60 minutes. 

For shifts of nine hours or more, employees may receive either two unpaid meal breaks, each of at least 30 minutes but not more than 60 minutes, or one unpaid meal break of at least 30 minutes but not more than 60 minutes.

Meal breaks don't count as time worked and cannot be scheduled within the first or last hour of work.

Paid rest breaks

For shifts of four hours or more but less than five hours, one 10-minute paid rest break is provided. 

For shifts of five hours or more, one 10-minute paid rest break is granted. 

If working nine hours or more, employees receive either one 10-minute paid rest break (if two meal breaks are given) or two 10-minute paid rest breaks—one in the first half and one in the second half of the shift.

Rest breaks count as time worked. Must be meaningfully placed during work hours to provide relief.

Combined breaks

Not applicable

Employees mustn’t be required to combine rest breaks with meal breaks.

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

Effective break management is essential for compliance and greatly contributes to employee satisfaction and productivity within the fast food industry. Here are some practical strategies:

  • Encourage full utilisation of breaks: Foster a workplace culture where taking breaks isn’t just allowed but actively encouraged. Emphasise the importance of breaks for mental and physical rejuvenation, which is essential for maintaining productivity and service quality in the fast-paced fast food environment.
  • Facilitate communication: Open channels for employees to express their preferences or concerns regarding break times. Even though break schedules are regulated by the award, accommodating employee needs within these frameworks can lead to more effective break usage and enhanced job satisfaction.
  • Regular monitoring: Consistently monitor the implementation of break schedules to ensure they’re adhered to without fail. This monitoring helps identify any deviations from the award's requirements and address them promptly to maintain compliance.
  • Educate staff: Hold regular training sessions for employees and management on the specifics of break entitlements under the Fast Food Industry Award. Ensuring that everyone is informed about their rights and responsibilities regarding breaks helps uphold the standards and supports the enforcement of break schedules.

Fast Food Industry Award practical application: Example

Alex runs a popular fast-food restaurant and faces increasing pressures during the bustling holiday season. To manage the surge in customers, he extends operating hours and recruits additional part-time employees. However, during the chaos of the holiday season, Alex overlooks key aspects of the Fast Food Industry Award.

Challenges

  • Extended work hours: Alex's efforts to meet demand lead to employees working beyond their contracted hours without proper acknowledgment or compensation, blurring the lines of their employment agreements.
  • Inadequate rostering: To manage peak times, Alex frequently changes employees' schedules without adequate consultation or documentation, causing personal and professional strain.
  • Neglected breaks: In the rush to serve customers, employees' meal and rest breaks become irregular and shortened, contrary to award stipulations.

Resolution

  • Predictable and agreed working hours: Alex ensures that all part-time employees have their hours, days of the week, start and finish times, and meal break details clearly stipulated in their contracts to promote a more predictable and stable work schedule, aligning with the award's requirements.
  • Consultation on rostering: Alex implements a system for schedule changes that include prior employee consultation and adheres to the provision of written notice of changes.
  • Break management: Alex adopts a digital scheduling system that tracks and alerts managers when employees’ breaks are due, ensuring breaks are taken as required by the award stipulations.

Key takeaways recap

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

  • Coverage: This award is crucial for employees in Australia's fast food sector, particularly those engaged in food preparation, customer service, and store maintenance roles within fast food environments.
  • 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.
  • 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, while casual employees can work up to 38 hours per week or as per a roster cycle, with a minimum engagement period of three hours per shift.
  • Shiftwork: The award doesn’t outline a unique set of rules concerning ordinary hours, rostering, and breaks for shiftworkers.
  • Breaks and rest periods: The award stipulates meal breaks and rest periods for each employment type. It’s worth noting that, unlike many other awards, breaks for part-time employees must be included in the roster.
  • Rostering rules: Unlike many awards, the Fast Food Industry Award doesn’t stipulate specific operational hours within which employees can be scheduled to work.

    It also doesn’t require a set notice period for changes to working hours or days. Instead, it emphasises adequate consultation and acknowledgment of the change in writing, ensuring that employees are informed and can manage personal commitments effectively.

Simplifying Fast Food Industry 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. Take the tour or contact us today!

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.

last edited: June 4, 2024

Author

The Rippling Team

Global HR, IT, and Finance know-how directly from the Rippling team.