Closing Duties After Clock-Off in Fast Food — Is That Legal?
Last updated: March 2026 · MA000003
No, working after you clock off is not legal. Every minute you spend performing closing duties in a fast food outlet must be paid. Under the Fast Food Industry Award, if you are directed to mop floors, clean equipment, or cash up after your shift, that time is work and must be compensated.
The rule
Under Australian workplace law and the Fast Food Industry Award (MA000003), any time an employee is required to perform duties constitutes work and must be paid. This includes cleaning, restocking, cashing up, taking out rubbish, and locking up the premises. Your employer must record all hours worked accurately. Directing an employee to clock off before their duties are complete is a form of wage theft and carries significant penalties.
What you should be paid
Grade 1, 30 mins unpaid closing after 10pm × 5 nights/week
- Late night rate (after 10pm, 110%): $29.21/hr
- 30 minutes unpaid per night: $14.61
- Weekly loss (5 nights): $73.05
- Annual loss: $3798.60
Over a year, 30 minutes of unpaid closing per night adds up to $3798.60 in stolen wages — and that's at the base late night rate before any overtime applies.
What to check on your payslip
- Does your clock-off time match when you actually finished all duties?
- Are you paid for the full time you're on the premises working?
- If closing duties push you past 10pm, is the late night loading applied?
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Frequently asked questions
My manager says closing duties are "part of the job" and don't count — is that right?
No. If you are performing work — cleaning, mopping, cashing up, restocking, locking up — that is paid time. Every minute you spend on closing duties after your rostered finish time must be recorded and paid. Your employer cannot require you to work off the clock.
I stay 20 minutes after every shift to close — is that overtime?
If those 20 minutes push you beyond your daily ordinary hours or beyond 38 hours in the week, yes — it's overtime and must be paid at 150% or 200%. Even if it doesn't trigger overtime, those 20 minutes must still be paid at your applicable rate, including any late night loading if it's after 10pm.
What if I'm told to clock off before I start cleaning?
This is wage theft. If your employer instructs you to clock off and then continue working, they are deliberately not paying you for time worked. Record the actual times you start and finish work (not just the clock-in system) and raise a complaint with the Fair Work Ombudsman.
General information only — not legal advice. Verify details at fairwork.gov.au.