From 11 August 2021 to 10 August 2022, there were temporary pandemic recovery provisions in the Restaurant Award. These provisions came from Schedule AA and Schedule R.

The Schedules are no longer in operation and the usual terms of the award apply.

The temporary provisions were:

• simplified classifications
• exemption rates
• all-purpose substitute allowance.

The provisions applied from an employee’s first full pay period on or after 11 August 2021 to 10 August 2022.

Simplified classification structure

Schedule AA created simplified classifications that could replace some classifications under Schedule A.

Employers could choose to classify all their relevant employees under Schedule AA instead of Schedule A. Employers had to consult with staff before they changed to the simpler classifications. Employers of new businesses could also elect to hire staff under Schedule AA. The introductory level in Schedule A stayed the same.

Schedule AA had two streams:

• restaurant or café workers
• chefs.

Staff could not be reclassified to be paid a lower wage.

Restaurant or café workers

This stream combined the food and beverage, kitchen attendant and unqualified cook grades from Schedule A to create 3 restaurant/café worker grades. Employees were classified based on their duties.

Chefs

Trade qualified chefs could be classified in one of 3 chef grades in Schedule AA based on their duties.

Detailed classification descriptions are in Schedule AA of the Restaurant Award.

Exemption rates

Some full-time level 5 and 6 employees could agree to be paid at least 170% of their ordinary hourly rate for the first 57 hours worked in a week. Employees under the administrative and general stream couldn’t be paid exemption rates.

The exemption rate replaced:

• missed meal break penalties
• allowances
• overtime rates (but not breaks after working overtime)
• penalty rates.

After 57 hours, an employee on an exemption rate was paid:

• 150% of the exemption rate for the first 2 hours worked in excess of 57 in the week
• 200% of the exemption rate for all other hours worked in the week.

The exemption rate was also paid when sick and carers leave and annual leave were taken.

How an exemption rate agreement was made

An agreement could be made between an employer and an individual employee. Employers had to consult with employees before entering into an exemption rate agreement.

An exemption rate agreement had to:

• be in writing
• be signed by the employee and employer
• say the date the agreement started.
• say it could be terminated by the employer or employee giving 4 weeks’ notice in writing.

Substitute allowance

Employees could agree to be paid an all-purpose substitute allowance instead of:

• missed meal break penalties
• meal allowance
• split shift allowance
• tool and equipment allowance
• special clothing allowance
• distance work allowance.

Substitute allowance could be paid to:

• an individual employee (if they agreed), or
• all employees in the workplace, if 75% of employees agreed

Employers had to consult with employees before entering into an agreement to pay a substitute allowance.

The substitute allowance was an hourly amount that differed depending on an employee’s level. Check Schedule R of the Restaurant Award, our Pay and Conditions Tool or our Pay Guide to see what applied.

A substitute allowance agreement had to:

• be in writing
• be signed by the employee (or at least signed by one employee if the agreement applied to everyone in the workplace)
• say the date the agreement starts.

The written agreement with an individual also needed to say it could be terminated by the employer or employee by giving 4 weeks’ notice in writing.