Miscellaneous Award: Pay Rates, Classifications and Obligations

The tricky part is knowing when the Miscellaneous Award genuinely covers a role. Because [MA000104] only applies when no other modern award covers the employment and the employee’s duties fit one of its classifications, using it incorrectly can lead to underpayments, back-pay claims, or Fair Work compliance issues.

Below, you’ll find a clear explanation of who the Award covers, how its classification levels work, and the pay, penalty, and leave entitlements you’re required to follow so you can meet your obligations with confidence.

Award Basics

The Miscellaneous Award 2020 sets the minimum pay rates and working conditions for employees whose roles aren’t covered by another modern award and whose duties fit one of its classifications. It ensures these workers, whose jobs don’t neatly fit into standard industry categories, are still paid fairly and receive all-important entitlements.

The Fair Work Miscellaneous Award covers topics such as the minimum hourly rate an employer must pay, how overtime and penalty rates apply, and when breaks and leave entitlements come into effect.

Employees under this Award are placed into 1 of 4 classification levels. Levels 1 and 2 are based on how long the employee has been employed, while Levels 3 and 4 apply when the work requires specified trade, advanced trade, equivalent, or sub-professional qualifications. Each level aligns with a different minimum pay rate.

The Award runs within the Fair Work Act 2009, which provides the national framework for employment conditions in Australia. The Fair Work Commission is the independent body that sets and updates the Award. Meanwhile, the Fair Work Ombudsman helps employers and employees understand how to apply its rules in everyday workplace situations and gives guides to support compliance.

The current consolidated Award incorporates amendments up to and including 1 July 2026. The minimum rates below include the 4.75% increase from the 2025–26 Annual Wage Review and apply from the first full pay period starting on or after 1 July 2026.

Who’s covered under the Miscellaneous Award?

Businesses covered

The Miscellaneous Award can cover a national-system employer and employee when both of these conditions are met:

• No other modern award covers the employer and employee.
• The employee’s duties fit one of the classifications in clause 12 of the Miscellaneous Award.

To check this properly, start with your business’s industry and look for any industry award that could apply. Then check occupational awards and compare the employee’s actual duties with the classifications in each potentially relevant award.

The Miscellaneous Award is the next step only when those checks show that another modern award doesn’t cover the employment and the duties fit a Miscellaneous Award classification.

Different employees in the same business can be covered by different awards, so check coverage role by role. Coverage for one employee doesn’t automatically decide coverage for another.

The Award can also cover certain on-hire employees and apprentices or trainees supplied through group training arrangements when its detailed coverage rules are met.

If no other modern award covers the employment but the employee’s duties don’t fit any Miscellaneous Award classification, the employee may be award-free. The NES and national minimum wage can still apply, so get advice before deciding.

This means there isn’t a reliable list of workplaces that automatically use this Award. Warehouses, workshops, facilities, local service businesses, manufacturing environments, and community organisations may be covered by their own industry awards, so you need to check before using [MA000104].

Employees covered

A job title alone won’t tell you whether the Award applies. Titles such as general assistant, labourer, yard hand, workshop assistant, maintenance support worker, or all-rounder can mean different things in different industries.

Look at the employee’s real duties, the employer’s industry, and the classifications in any potentially applicable award. If no other modern award covers the employment and the work fits Level 1, 2, 3, or 4 of the Miscellaneous Award, [MA000104] may apply.

Some broad roles worth checking include general labourers, yard hands, workshop or trades assistants, site or facility support workers, utility or maintenance support roles, entry-level helpers, and general office support. These examples don’t create automatic coverage. An office support role may need to be checked against the Clerks Award, while a workshop, warehouse, manufacturing, or maintenance role may need to be checked against the relevant industry award. If none applies, compare the employee’s actual duties with all 4 Miscellaneous Award classifications.

Who isn’t covered under the Miscellaneous Award?

This Award doesn’t apply if another modern award already covers the role. It also doesn’t cover jobs that are mainly professional, managerial, or strategic.

Examples of roles not covered include:

• Retail staff (covered by the General Retail Industry Award 2020).
• Hospitality and restaurant workers (Restaurant or Hospitality Awards).
• Office-based administrative or clerical staff (Clerks Award).
• HR, finance, legal, engineering, IT, or marketing professionals.
• Managers.
• Independent contractors (not employees).

Trade-qualified employees aren’t automatically excluded. Levels 3 and 4 expressly cover some work requiring trade or advanced trade qualifications, provided another award doesn’t apply.

Employees earning above the high-income threshold aren’t automatically excluded either. From 1 July 2026, the threshold is $190,100. An otherwise award-covered employee generally needs to accept a valid written guarantee of annual earnings before Award conditions stop applying. An individual employment contract or high salary on its own isn’t enough. See the Fair Work Ombudsman’s high-income employee guidance.

The Award also excludes employees covered by certain enterprise awards, enterprise instruments, and other arrangements listed in its coverage clause.

It also doesn’t cover employees under the State reference public sector instruments listed in clause 4.

Classifications and Levels

Under this Modern Award, what you pay an employee is based on their classification level and their type of employment.

Miscellaneous Award levels explained

The classification level is based on the definitions in clause 12 and the duties the employee actually performs.

The table above gives the classification tests. To apply them in practice, ask 3 questions: how long has the employee been employed; does the work require a trade qualification or equivalent; and does it require advanced trade qualifications or sub-professional work? The complexity of the tasks, how much guidance the employee needs, and whether they guide other workers can help you understand the role, but they don’t replace the classification definitions above.

Level 1 is time-limited. After 3 months, an employee who isn’t performing Level 3 or Level 4 duties moves to Level 2. If the duties already meet Level 3 or Level 4, the employee should be placed at that level from the start.

If an employee carries out higher-level duties for more than 4 hours on a day or shift, you must pay the higher classification’s minimum rate for the whole day or shift.

Employment types

A person can be employed in 3 main ways:

• Full-time: Works an average of 38 ordinary hours a week and receives full leave entitlements. (We discuss leave in more detail below.)
• Part-time: Works fewer than 38 hours but on a reasonably predictable schedule. They receive the same leave and benefits as full-time employees, but on a pro-rata basis. At engagement, the regular hours, days, and start and finish times must be agreed in writing. Any variation must also be agreed and recorded in writing.
• Casual: Starts employment without a firm advance commitment to ongoing work and is entitled to the Award’s 25% loading for ordinary hours. A regular pattern of work alone doesn’t necessarily make the employee permanent. Casuals generally don’t receive paid annual leave or paid personal/carer’s leave, but they do receive paid family and domestic violence leave and other applicable NES entitlements.

A casual employee must be paid for at least 2 consecutive hours each time they attend work.

Eligible casual employees can use the employee choice pathway if they believe they no longer meet the casual employment definition. The qualifying period is generally 6 months, or 12 months for employees of small-business employers. You can read more in the Fair Work Ombudsman’s casual employment guidance.

Ordinary hours and rostering

For full-time and part-time employees, ordinary hours must be worked regularly with fixed start and finish times over a maximum of 6 days a week. They can’t be required to work ordinary hours on more than 20 days in a 28-day period.

Once set, start and finish times can change by agreement or when you give 7 days’ notice. Ordinary hours can’t exceed 10 hours on a day or shift unless the employer and employee agree to a maximum of 12 ordinary hours.

If you propose changing an employee’s regular roster or ordinary hours, you must consult them under clause 28 of the Award.

The NES also limits a full-time employee’s weekly hours to 38 plus reasonable additional hours. What is reasonable depends on factors such as health and safety, the employee’s circumstances, notice, compensation, the nature of the role, and the workplace’s usual patterns of work.

Pay Rates and Entitlements

Pay rates and entitlements are the minimum amounts you must pay an employee for the work they do, along with the benefits they’re entitled to. This includes things like extra pay for weekends or overtime, breaks, and leave.

Minimum base rates

Here are the current Miscellaneous Award pay rates for adult full-time and part-time employees:

For more rates, including casual and junior rates, you can download the Miscellaneous Award Pay Guide here.

Method 1 is to multiply the base rate by 0.25 to find the casual loading, then add that to the base rate (for example, $27.08 × 0.25 = $6.77 → $27.08 + $6.77 = $33.85/hour).

Method 2 is to multiply the base rate by 1.25 to get the total rate (for example, $27.08 × 1.25 = $33.85/hour).

Junior, apprentice, and special rates

Junior employees receive a percentage of the relevant adult rate:

Separate minimum rates and conditions apply to apprentices, adult apprentices, school-based apprentices, trainees, and employees using the supported wage system.

The adult apprentice figures above apply to adult apprentices who started after 1 January 2014. Check the current Pay Guide and relevant Award schedule before using apprentice, trainee, school-based apprentice, or supported wage rates.

Apprentices may also be entitled to paid training time and reimbursement of prescribed course fees, textbooks, and certain excess travel costs.

Penalty rates

Penalty rates apply when employees work their ordinary hours at times that are less typical (such as evenings, weekends, or public holidays). These higher rates recognise that working outside the usual Monday–Friday daytime schedule can be more disruptive to personal time.

For example, if a Level 1 full-time employee normally earns $25.74/hour, and they work on a Sunday, their pay would be 150%, which comes to: $25.74 × 1.5 = $38.61/hour for that shift.

The full-time and part-time column shows the applicable penalty rates. Junior employees use the same percentage for their employment type, applied to their relevant junior minimum hourly rate. The casual column is explained below.

For casual employees, the 145%, 175%, and 250% percentages in the table already include casual loading. Don’t apply the penalty percentage to an hourly rate that already includes the 25% loading.

For example, a Miscellaneous Award Level 2 casual employee working on Sunday earns 175% of the $27.08 minimum hourly rate, which is $47.39/hour.

Overtime rules and rates

Overtime applies when an employee works more than their ordinary hours. It’s paid at higher hourly rates to compensate employees for extra work time.

When overtime applies

Overtime kicks in when:

• A full-time or casual employee works more than an average of 38 hours a week.
• A part-time employee works more than their agreed weekly hours.
• An employee works more than 10 ordinary hours on a day or shift, or more than 12 where the higher daily maximum has been agreed.

Working past a usual finish time doesn’t always mean overtime applies. Depending on the employee’s type, agreed hours, and daily limits, the time may be overtime or ordinary hours attracting a penalty rate.

Overtime pay rates are below:

All work performed on a public holiday is paid at 250% of the relevant minimum hourly rate under clauses 20 and 26.4. This is the applicable public holiday rate even if the hours would otherwise meet an overtime trigger. Don’t add 250% on top of the 150% or 200% overtime rate.

For example, if a Level 1 full-time employee normally earns $25.74/hr, their first 3 overtime hours would be paid at $38.61/hr and any overtime after that at $51.48/hr.

These overtime rates apply to full-time, part-time, and casual employees. Casual loading isn’t paid on overtime.

You need a separate written agreement for each overtime occasion. If the time off isn’t taken within 6 months, or the employee asks to be paid instead, you must pay the overtime at the rate that applied when it was worked. Keep a copy of the agreement and don’t place undue pressure on an employee to accept time off.

Breaks and allowances

Employees covered under the Miscellaneous Award must receive proper rest and meal breaks during their shifts. These support safety, energy levels, and overall well-being at work.

The Award doesn’t set a specific paid rest break length like some other awards do. Instead, short rest breaks are generally agreed upon at the workplace level (for example, included in rosters, policies, or work routines).

Employers still have a responsibility under work health and safety laws to make sure employees can take reasonable rest to manage fatigue and work safely.

However, there’s one clear rule you’re required to follow:

Employees can’t work more than 5 hours in a row without taking a meal break. This break must be at least 30 minutes long and is unpaid.

So, if someone starts work at 9:00 am, they should take their meal break by 2:00 pm at the latest.

If an employee works through a period that should have been their meal break, you must pay them for all time actually worked. Whether the ordinary, penalty, or overtime rate applies depends on when the work happened and whether an overtime threshold was crossed. The Award doesn’t set a separate missed-break loading.

Allowances

Allowances are extra payments that apply in certain situations to cover work-related costs or to recognise extra responsibility in their role.

Here are the most common allowances under the Miscellaneous Award:

Apprentices can also be entitled to reimbursement of prescribed training fees, textbooks, and certain excess travel costs, as well as payment for training time.

Leave entitlements

Employees covered by the Miscellaneous Award get their leave entitlements from the National Employment Standards (NES). These are the basic leave rules that apply across most workplaces in Australia.

Leave entitlements exist so employees can take time off to rest, get well, take care of family, or handle personal situations without losing their job or income.

Below is a simple breakdown of the main types of leave and when they apply:

The Award also has rules for temporary shutdowns and excessive annual leave. A temporary shutdown direction generally requires one month’s written notice, unless a shorter period is agreed with the majority of affected employees, and can only direct an employee to take paid leave they have accrued. An excessive leave accrual is more than 8 weeks, or more than 10 weeks for an Award-defined shiftworker. Employers and employees must first genuinely try to agree on how to reduce it before using the Award’s direction or notice process.

If you’d like more helpful info on different types of leave, it’s worth taking a look at the Award or the National Employment Standards (NES).

How To Determine Miscellaneous Award Coverage

• Start with your industry

First, check whether an industry award covers your business and the employee. This step matters even when the employee has a broad title such as general assistant, labourer, or support worker.

If an industry award applies and contains a classification that covers the employee’s work, use that award.

• Look at the work they actually do

Compare the employee’s actual duties with the classifications in any potentially relevant industry or occupational award. Then compare the duties with Levels 1–4 of the Miscellaneous Award.

The Miscellaneous Award can apply only if another modern award doesn’t cover the employment and the employee’s duties fit one of its classifications.

• Check exclusions and other instruments

Check whether the employee is managerial or professional, covered by an enterprise agreement or other industrial instrument, or otherwise excluded under clause 4 of the Award.

A high salary or individual contract doesn’t automatically remove Award coverage, and a trade qualification doesn’t automatically rule the Miscellaneous Award out.

• Use the Award Finder if you’re unsure

If you’re unsure, you can quickly check using the Fair Work Award Finder. It’s free and only takes a couple minutes. For a difficult coverage decision, consider getting professional advice before setting the employee’s classification and pay.

Miscellaneous Award: A practical example

Let’s take Aisha, who works as a casual Level 1 general assistant at a small community centre.

Her job involves:

• Setting up rooms for activities.
• Putting out chairs and equipment.
• Helping visitors sign in.
• Tidying shared spaces.
• Restocking supplies.
• Providing general support where needed.

She doesn’t do clerical or administrative work, so the Clerks Award may not cover her. That check isn’t enough on its own, though. The community centre still needs to check its industry, Aisha’s duties, and every other potentially relevant award.

For this example, assume the centre has completed those checks, confirmed that no other modern award covers Aisha, and confirmed that her duties fit Level 1 of the Miscellaneous Award.

The base rate at Level 1 is $25.74/hour. Because she’s casual, she gets 25% extra for ordinary hours, which takes her pay to $32.18/hour.

One Sunday, she works a 6-hour shift. Sunday casual rates are higher, so instead of $32.18, she earns $45.05/hr.

So for that shift: 6 hours × $45.05 = $270.30.

If she works overtime during the week, her first 3 overtime hours are paid at time-and-a-half, which is $38.61/hr. Casual loading isn’t added to overtime.

Level 1 applies only during Aisha’s first 3 months unless her duties fall within Level 3 or Level 4. Once she has been employed for at least 3 months, she moves to Level 2 if she isn’t carrying out Level 3 or Level 4 duties.

Employer Obligations, Common Mistakes, and Record-Keeping Tips

Employer obligations

Employers covered by the Miscellaneous Award must:

• Pay employees at least the minimum hourly rate for their classification.
• Apply the correct penalty and overtime rates for weekends, public holidays, and overtime.
• Provide the correct leave entitlements.
• Ensure employees don’t work more than 5 hours without a meal break.
• Pay any applicable allowances (such as first aid or leading hand allowances).
• Record part-time work patterns and agreed variations in writing.
• Apply the 2-hour casual minimum engagement.
• Consult employees about proposed changes to regular rosters or ordinary hours.
• Pay superannuation and provide the required employee information statements.

The goal is ensuring employees are paid fairly and treated consistently.

Common mistakes to avoid

A few areas that commonly cause issues are:

• Applying the Award incorrectly when another award applies.
• Misclassifying employees when their duties change.
• Forgetting to add 25% casual loading to ordinary casual hours.
• Applying a penalty percentage to a casual rate that already includes loading.
• Adding casual loading to overtime.
• Missing weekend, public holiday, or overtime rates.
• Not paying allowances when employees take on extra responsibilities (such as supervising others).
• Leaving a Level 1 employee at that level after their first 3 months.
• Using old pay or allowance figures after an Annual Wage Review.

These slip-ups are usually unintentional, but they can still lead to back pay and compliance problems.

Record-keeping tips

Good record-keeping protects both your business and the employee.

Employers must:

• Keep employee records for at least 7 years, including hours worked, rates, agreements, and leave balances.
• Issue pay slips within 1 working day of paying employees.
• Include the required pay-slip details, such as the employer and employee names, pay period and payment date, gross and net pay, rates and hours or salary details as applicable, separately identified loadings, allowances, bonuses, incentive payments, penalty rates, deductions, and super information.
• Show allowances separately on pay slips (not rolled into hourly rates).
• Record hours worked for casual employees and irregular part-time employees who are paid according to time worked.
• Record overtime hours and the relevant start and finish times where an overtime penalty or loading applies.

Records must be in English, legible, readily accessible, and free from false or misleading entries. Recording all employees’ start and finish times can also make payroll checks easier, even where it isn’t the statutory minimum.

For more help with record-keeping, check out the guidance at the Fair Work Ombudsman website. They’ve got handy templates and best practices.

Other current obligations to know

Superannuation and Payday Super

The super guarantee rate is 12%. For earnings paid from 1 July 2026, Payday Super applies. You generally need to calculate super on qualifying earnings and make sure the contribution reaches the employee’s fund within 7 business days after payday. Limited exceptions can apply, including for some new employees.

You also need to follow choice-of-fund and stapled-fund rules, keep super records, and report the required super information through Single Touch Payroll.

Employee information statements

Give every new employee the Fair Work Information Statement before, or as soon as practicable after, they start.

Casual employees also receive the Casual Employment Information Statement when they start. Small-business employers give it again after 12 months. Other employers give it again after 6 months, 12 months, and then every 12 months.

Employees engaged on a fixed-term contract must receive the Fixed Term Contract Information Statement. Separate limits can also apply to the length, renewal, and consecutive use of fixed-term contracts.

Award access and flexible-work requests

Keep the Award and the NES available to covered employees on a conveniently located noticeboard or through accessible electronic means.

Eligible employees can make a written request for flexible working arrangements under the NES. You must respond in writing within 21 days. A refusal is only permitted on reasonable business grounds after discussing the request and genuinely trying to reach agreement on an alternative. See the Fair Work Ombudsman’s flexible working arrangements guidance.

Consultation, disputes, and workplace delegates

If you make a definite decision about a major workplace change likely to have significant effects, clause 27 requires you to notify affected employees and their representatives, provide relevant written information, discuss the likely effects and ways to reduce adverse impacts, and consider matters they raise.

Clause 29 sets a workplace process for disputes about the Award or NES before a matter is referred to the Fair Work Commission.

Clause 26A also provides rights for workplace delegates, including representation, reasonable communication, and reasonable access to workplace facilities. Paid training rights can also apply outside small businesses, subject to the clause’s conditions. See the Fair Work Ombudsman’s workplace delegates guidance.

Right to disconnect

Employees can refuse to monitor, read, or respond to work-related contact outside their working hours unless the refusal would be unreasonable. This right applies to employees of businesses of every size.

Salaries and individual flexibility

The Miscellaneous Award doesn’t contain a standard annualised wage arrangement clause. Paying a salary still doesn’t remove Award coverage. You should document which Award entitlements the salary is meant to cover, keep the records needed to check it, and make sure the employee receives at least their legal minimum for the work they actually perform.

You and an employee can also make an individual flexibility agreement about specified Award terms. It must be genuine, in writing, and leave the employee better off overall. Give the employee a copy and keep it as a time and wages record. If the employee is under 18, their parent or guardian must also sign it. Check clause 5 before using one.

Underpayments and penalties

Intentional underpayment of wages or entitlements can be a criminal offence for conduct from 1 January 2025. Honest mistakes aren’t automatically criminal, but you still need to correct underpayments and associated records. Award breaches can also expose a business and individuals involved to civil penalties. See the Fair Work Ombudsman’s criminal underpayment guidance.

Pay frequency, final pay, and ending employment

Employees must be paid at least monthly. When employment ends, amounts due under the Award must generally be paid no later than 7 days after termination.

The Award also contains rules about notice from an employee, possible deductions where required notice isn’t given, job-search time, and redundancy. Check clauses 30 and 31 before ending employment or making a deduction.

Resources and Links

For further reading and official resources, visit:

Miscellaneous Award 2020 (MA000104): The official Fair Work Commission Award that sets out pay rates, classification levels, allowances, and working conditions.

Miscellaneous Award Pay Guide: The current Fair Work Ombudsman guide to minimum rates, penalties, overtime, junior rates, apprentice rates, and allowances.

Fair Work Information Statement: This outlines employee rights and employer responsibilities under the National Employment Standards (NES).

Casual Employment Information Statement: This explains the current casual employment rules and employee choice pathway.

Fair Work Ombudsman: Pay and Conditions Tool (PACT): Use this calculator to work out base pay, overtime, weekend rates, public holiday rates, and allowances under the Award.

ATO Payday Super guidance: Check how the 1 July 2026 Payday Super rules affect calculation, reporting, and payment timing.

Fair Work Ombudsman: Flexible working arrangements: Check request eligibility, the written response process, and the rules for refusing a request.

Fair Work Ombudsman: Criminal underpayments: Understand the criminal offence for intentional underpayments and the steps available to small businesses.

Disclaimer

The information provided here is a summary only and does not constitute legal advice. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Laws change frequently, and outcomes may vary depending on your business circumstances. We recommend consulting a qualified employment lawyer before making decisions related to workforce management. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.