(1)  Subject to subsection (2) , where, in respect of any work, wages rates are fixed by an award or a registered agreement and no piecework rates are so fixed, a person shall not, directly or indirectly, pay piecework rates, or authorize or permit piecework rates to be paid, in respect of that work.

(2)  Where, by an award or a registered agreement, piecework rates only are fixed in respect of any work, a person shall not, directly or indirectly, pay wages rates, or authorize or permit wages rates to be paid, in respect of that work.

(3)  If an award or a registered agreement fixes wages rates in respect of any work but permits piecework rates to be fixed for that work, an employee employed at piecework rates on that work is entitled to receive remuneration for that work at piecework rates based on the earnings of an average worker working at that work at the wages rates so fixed.