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

Restaurant Cash in Hand — Is My Pay Legal?

Last updated: March 2026 · MA000119

Cash is legal as a payment method. What's not legal is paying below the award rate, skipping payslips, or not paying superannuation — and cash payments are frequently used to do all three. If you're paid in cash, you still have the same entitlements as any other employee.

If you're paid cash with no payslip — your rights haven't changed, but verifying them is harder.

The rule

Cash payments must still comply with:

  • All award rates including penalties, overtime, and allowances
  • Payslip requirements (within one working day of each pay day)
  • Superannuation obligations (12% of ordinary time earnings)
  • Tax withholding (PAYG)

Red flags

  • No payslip with cash payment — contravention of Fair Work Act
  • Below-award rate — "but it's cash so no tax" does not make up for underpayment
  • No super contributions — check your super fund for employer contributions
  • Employer says "it's tax-free" — this means tax isn't being withheld, which creates a liability for you

Any of these red flags suggest your employer is not meeting their legal obligations.

What this costs you

Cash-in-hand workers in restaurants frequently miss out on penalty rates, overtime, allowances, and superannuation. A casual Level 3 worker paid $25/hr cash on Sundays is being underpaid by $21.73/hr compared to the correct Sunday casual rate of $46.73/hr. Missing super at 12% costs thousands over a career. And not having tax withheld creates a personal tax liability you'll eventually owe.

What to do

  • Keep your own detailed record of every shift (dates, times, breaks)
  • Request payslips in writing
  • Log into your super fund and check for employer contributions
  • Compare your actual pay against the award rates for your shifts
  • If concerned, contact the Fair Work Ombudsman on 13 13 94

Frequently asked questions

Is being paid in cash automatically illegal?

No. Cash is a perfectly legal payment method. What matters is whether the employer complies with all obligations: paying at least the award rate, providing payslips, paying superannuation, and withholding tax. Cash becomes a problem when it's used to avoid these obligations.

How can I check my pay without a payslip?

Keep your own record of every shift you work (date, start time, finish time, break times). Then enter your shifts into a pay calculator to compare what you received against what the award requires. Any shortfall is an underpayment.

Does my employer have to pay super on cash payments?

Yes. Superannuation is required regardless of payment method. Since November 2022, there is no minimum earnings threshold — all employees including casuals are entitled to super at 12% of ordinary time earnings.

Paid in cash? Check what you should actually be receiving.

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