General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
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My Café Uses the Hospitality Award — Is That Right?

Last updated: March 2026 · MA000119

Probably not — if the café is standalone. Standalone cafés fall under the Restaurant Industry Award (MA000119), not the Hospitality Award (MA000009). Being on the wrong award can mean different base rates, different penalty rates, and different allowances.

If you work in a standalone café and your payslip references the Hospitality Award — you may be on the wrong award.

The rule

  • Restaurant Industry Award (MA000119): applies to standalone restaurants, cafés, catering operations, and takeaway food businesses
  • Hospitality Industry Award (MA000009): applies to cafés and restaurants inside hotels, motels, or accommodation venues

The distinction is about the venue type, not what food you serve.

What you should be paid

Sunday casual Level 3 comparison

  • Hospitality Award Sunday casual L3: Hospitality Award rate
  • Restaurant Award Sunday casual L3: $46.73/hr
  • The rates differ between awards — being on the wrong one can cost you per hour

On a 6-hour Sunday shift, the wrong award can cost $10+ per shift. Over 50 Sundays: $500+/year. Exact figures depend on classification level.

Rates based on the Fair Work Commission pay guide for MA000119, effective 1 July 2025.

What this costs you

Penalty rates, allowances, and overtime triggers can differ between the two awards. For a Level 3 casual working one 6-hour Sunday shift per week, the wrong award can mean a meaningful loss per shift. Over a year of regular shifts, total underpayment can easily exceed $1,000.

What to check

  • Does your payslip reference MA000009 (Hospitality) or MA000119 (Restaurant)?
  • Is your workplace a standalone café or part of a hotel/accommodation venue?
  • Use the FWC Award Finder to confirm which award covers your employer

Frequently asked questions

My employer says we're definitely under the Hospitality Award — how do I check?

Use the Fair Work Commission's Award Finder tool or contact the Fair Work Ombudsman on 13 13 94. The test is whether your cafe is standalone or part of a hotel/accommodation venue. Standalone cafes fall under the Restaurant Industry Award (MA000119).

My cafe is inside a hotel — which award applies?

If the cafe operates within a hotel, motel, or accommodation venue, the Hospitality Industry (General) Award (MA000009) applies. The Restaurant Award covers standalone restaurants, cafes, and catering operations.

Can I recover the difference if I've been paid under the wrong award?

Yes. If you've been underpaid because the wrong award was applied, you can claim the difference for up to 6 years under the Fair Work Act.

Not sure which award covers you? Check your pay against the right award.

Not sure if your Restaurant Industry Award pay is right?

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