Working Extra Hours in Fast Food and Not Getting Overtime
Last updated: March 2026 · MA000003
If you are working extra hours in fast food and not receiving overtime pay, your employer is breaking the law. The Fast Food Industry Award requires overtime rates of 150% for the first 2 hours and 200% thereafter for all hours beyond your ordinary hours.
The rule
The Fast Food Industry Award (MA000003) defines ordinary hours as a maximum of 38 per week for full-time employees. Any hours worked beyond this are overtime. Part-time employees trigger overtime when they exceed their agreed hours. The first 2 hours of overtime each day are paid at 150%. After 2 hours, the rate increases to 200%. These are minimum entitlements that apply regardless of any verbal agreement with your employer.
What you should be paid
Grade 1, staying 3 hours extra after an 8-hour shift
- Base rate: $26.55/hr
- First 2 hours overtime (150%): $39.83/hr = $79.66
- Third hour overtime (200%): $53.10/hr
- Total overtime pay for 3 hours: $132.76
At your flat rate, 3 extra hours would pay $79.65 — you're owed $53.11 more.
What to check on your payslip
- Are your extra hours shown at a higher rate than your ordinary hours?
- Is overtime split into 150% and 200% bands?
- Do your total hours on the payslip match what you actually worked, including staying late?
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Frequently asked questions
I'm told overtime doesn't apply to fast food — is that true?
That is completely false. The Fast Food Industry Award explicitly provides for overtime rates. Full-time employees earn overtime after 38 hours per week or beyond their daily ordinary hours. Part-time employees earn overtime for hours beyond their agreed hours. No employer can opt out of this.
What counts as overtime — staying late or being rostered extra shifts?
Both. Overtime includes any hours worked beyond your ordinary hours, whether that's staying back to finish closing, being asked to come in on a day off, or being rostered for more than 38 hours in a week. The trigger is the total hours worked, not how they were scheduled.
Can my employer give me time off instead of overtime pay?
Time off in lieu (TOIL) is possible under the award, but only by mutual written agreement and the time off must be at the overtime rate equivalent. For example, 1 hour of overtime at 150% equals 1.5 hours of time off. Your employer cannot unilaterally substitute TOIL for overtime pay.
General information only — not legal advice. Verify details at fairwork.gov.au.