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FAIR WORK ACT 2009 - SECT 330

Guarantee of annual earnings and annual rate of guarantee

             (1)  An undertaking given by an employer to an employee is a guarantee of annual earnings if:

                     (a)  the employee is covered by a modern award that is in operation; and

                     (b)  the undertaking is an undertaking in writing to pay the employee an amount of earnings in relation to the performance of work during a period of 12 months or more; and

                     (c)  the employee agrees to accept the undertaking, and agrees with the amount of the earnings; and

                     (d)  the undertaking and the employee's agreement are given before the start of the period, and within 14 days after:

                              (i)  the day the employee is employed; or

                             (ii)  a day on which the employer and employee agree to vary the terms and conditions of the employee's employment; and

                     (e)  an enterprise agreement does not apply to the employee's employment at the start of the period.

             (2)  However, if:

                     (a)  an employee is employed for a period shorter than 12 months; or

                     (b)  an employee will perform duties of a particular kind for a period shorter than 12 months;

the undertaking may be given for that shorter period.

             (3)  The annual rate of the guarantee of annual earnings is the annual rate of the earnings covered by the undertaking.



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