Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 18

Meaning of full rate of pay

General meaning

             (1)  The full rate of pay of a national system employee is the rate of pay payable to the employee, including all the following:

                     (a)  incentive-based payments and bonuses;

                     (b)  loadings;

                     (c)  monetary allowances;

                     (d)  overtime or penalty rates;

                     (e)  any other separately identifiable amounts.

Meaning for pieceworkers in relation to entitlements under National Employment Standards

             (2)  However, if one of the following paragraphs applies to a national system employee who is a pieceworker, the employee's full rate of pay , in relation to entitlements under the National Employment Standards, is the full rate of pay referred to in that paragraph:

                     (a)  a modern award applies to the employee and specifies the employee's full rate of pay for the purposes of the National Employment Standards;

                     (b)  an enterprise agreement applies to the employee and specifies the employee's full rate of pay for the purposes of the National Employment Standards;

                     (c)  the employee is an award/agreement free employee, and the regulations prescribe, or provide for the determination of, the employee's full rate of pay for the purposes of the National Employment Standards.



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