Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 16(2)(c) of the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for a national system employee who is an award/agreement free employee and a pieceworker.
Note: The Act defines award/ agreement free employee in section 12 and pieceworker in section 21.
(2) The base rate of pay, expressed as an hourly rate of pay, is 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.
"the" relevant period is:
(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 of less than 12 months immediately before the base rate of pay is to be worked out--that period.