Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 18

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.