Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 32(2)(a) of Schedule 3 to the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for an employee to whom a transitional instrument applies and who is a pieceworker.
Note: For the definition of pieceworker see regulation 3.02.
(2) The base rate of pay for the employee, expressed as an hourly rate of pay, is:
(a) if there is a transitional rate--that rate; or
(b) if there is no transitional rate--the formula rate.
(3) In this regulation:
"formula rate" means the rate of pay worked out using the formula:
where:
"TA" is the total amount earned by the employee during the relevant period.
"TH" is the total hours worked by the employee during the relevant period.
(4) In this regulation:
"relevant period" means:
(a) for an employee who was continuously employed by the employer for a period of 12 months or more immediately before the base rate of pay is to be worked out--the 12 months before the rate is to be worked out; or
(b) for an employee who was continuously employed by the employer for a period less than 12 months immediately before the base rate of pay is to be worked out--that period.
"transitional rate" means the rate mentioned in, or calculated in accordance with, the transitional instrument or transitional APCS that applies to the employee.
Note: For the definition of transitional APCS see subitem 5(3) of Schedule 9 to the Act.