Restaurant or Café Shift Finishing After 10pm — Am I Getting a Loading?
Last updated: March 2026 · MA000119
You should be getting a loading for late-night hours, but most workers who close restaurants don't. The Restaurant Industry Award adds a per-hour loading after 10pm and a higher loading after midnight — on top of your ordinary or penalty rate.
If you regularly work past 10pm — check whether the loading appears on your payslip.
The rule
Under the Restaurant Industry Award (MA000119):
- Loading per hour for hours worked between 10pm and midnight
- Higher loading per hour for hours worked between midnight and 6am
- No loading before 10pm (unlike the Hospitality Award which starts at 7pm)
- Loading applies in addition to any penalty rates for weekends or public holidays
What you should be paid
Missing 10pm–midnight loading example
- Late-night loading (10pm–midnight): $2.81/hr
- 3 closing shifts per week, 2 hours post-10pm each = 6 late-night hours/week
- Weekly shortfall: $16.86/week
- Over 50 weeks: $843.00/year missed
The loading stacks with weekend penalties, so Saturday or Sunday closing shifts cost even more when missed.
Rates based on the Fair Work Commission pay guide for MA000119, effective 1 July 2025.
What this costs you
A worker doing 3 closing shifts per week with 2 hours past 10pm on each shift is missing $2.81/hr on 6 hours per week — that's $16.86/week or $843.00/year. Over 50 weeks, that's 300 hours of loading missed. It stacks with weekend penalties that many employers also miss, pushing total underpayment even higher.
What to check on your payslip
- Is there a separate line for late-night loading on shifts past 10pm?
- Is the midnight–6am loading higher than the 10pm–midnight loading?
- Does the loading appear on weekend shifts as well as weekday shifts?
Frequently asked questions
Does the late-night loading stack with Saturday or Sunday penalties?
Yes. The late-night loading applies in addition to any applicable Saturday or Sunday penalty rate. They are separate entitlements that both apply when the qualifying conditions are met.
My shift ends at 9:45pm — do I get the loading?
No. The late-night loading under the Restaurant Award starts at 10pm. Hours worked before 10pm do not attract the loading, even if the shift finishes close to 10pm.
My employer says my flat rate includes the late-night loading — is that okay?
Only if the flat rate demonstrably covers the highest combined rate for every shift type, including late-night hours on weekends. If the flat rate doesn't clear the combined penalty + loading amount, it fails.
Closing up late? Make sure you're getting your late-night loading.
Not sure if your Restaurant Industry Award pay is right?
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General information only. Verify at fairwork.gov.au.