General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
REVIEW MYPAY

Being Paid Below Award Rate at a Restaurant — What Can I Do?

Last updated: March 2026 · MA000119

You're owed the difference and can recover it. Paying below the Restaurant Industry Award minimum pay rate is a contravention of the Fair Work Act. It doesn't matter why it happened — the shortfall is owed to you.

Being paid below the award minimum? You can recover up to 6 years of underpayments.

The rule

The Restaurant Industry Award (MA000119) sets minimum pay rates for every classification level and employment type. These are legal minimums — not suggestions. Paying below the award rate is a contravention that can result in penalties for the employer and recovery of the full shortfall for the employee.

Steps to recover your pay

  1. Calculate the difference between what you were paid and what the award requires using the pay checker tool below
  2. Raise the issue with your employer in writing (email or text), stating the shortfall and requesting back-payment
  3. If your employer does not resolve it, contact the Fair Work Ombudsman on 13 13 94 — their service is free

Keep copies of all payslips, timesheets, bank statements, and any written communication about your pay.

What to check on your payslip

  • Does your hourly rate meet the minimum for your classification level?
  • Are penalty rates, overtime, and allowances being paid correctly on top?
  • Has your rate increased with the latest annual award review?

Frequently asked questions

How far back can I claim underpayments?

Up to 6 years under the Fair Work Act. This means if you've been paid below the award rate for several years, you can recover the difference for the entire period — not just recent pay periods.

My employer says they didn't know the rate was wrong — does that matter?

No. Ignorance of the award is not a defence. Employers are legally required to pay at least the minimum award rate regardless of whether they knew the correct rate. The underpayment is still owed.

Will raising this with my employer affect my job?

You are legally protected from adverse action (dismissal, demotion, reduction of hours) for exercising your workplace rights, which includes raising pay concerns. If your employer retaliates, that's a separate and serious contravention of the Fair Work Act.

Check exactly how much you should be earning under the award.

Not sure if your Restaurant Industry Award pay is right?

Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.

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General information only. Verify at fairwork.gov.au.