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

My Restaurant Classification Has Never Changed — Is That Right?

Last updated: March 2026 · MA000119

Almost certainly not right. Your classification under the Restaurant Industry Award must reflect the duties you currently perform — not the level you were set at when you started. If your responsibilities have grown, your classification (and pay) should have too.

If your duties have changed since you started — check your classification.

The rule

Under the Restaurant Industry Award (MA000119):

  • Classification is based on the actual duties you perform, not your job title or start date
  • Your employer must classify you at the level matching your current work
  • If your duties change, your classification must be updated accordingly

Self-check: what level are you?

  • Taking orders independently? → Level 2 minimum
  • Completed training (RSA, RMLV)? → Level 3 minimum
  • Trade qualification (Cert III)? → Level 4 minimum
  • Supervising other staff? → Level 5 minimum

These are minimums. If your duties span multiple indicators, you should be at the highest applicable level.

What this costs you

Each classification level step represents approximately $0.85/hr at base rate. That gap compounds on every penalty shift: a $0.85/hr base gap becomes $1.27/hr on Sundays (1.5×) and $1.91/hr on public holidays (2.25×). Over a year of full-time work with regular weekend shifts, one level of misclassification costs $1,679.60–$2,687.36.

What to check

  • Does your payslip show the correct classification level?
  • Do your current duties match the level description in the award?
  • Has your classification been updated since your responsibilities changed?
  • Are you performing duties at a higher level without the corresponding pay?

Frequently asked questions

My employer says they'll review my level at 6 months — is that right?

No. Your classification is determined by the duties you actually perform right now, not by a future review date. If your current duties match a higher level, you should be paid at that level immediately.

My title says "senior" but I'm paid at Level 2 — does my title matter?

No. It's your actual duties that determine your classification level, not your job title. If your duties match Level 3 or higher, your title is irrelevant — you should be paid at the level matching your work.

Can I claim back pay for being misclassified?

Yes. Under the Fair Work Act, you can claim underpayments from misclassification for up to 6 years. The difference compounds on every penalty shift, overtime hour, and allowance.

Not sure if your classification is right? Check your pay against your actual duties.

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