You must ensure that the total annual amount of salary is equal to (in other words, not less) than the amount that the employee would have received individually under the Modern Reward as a result of receiving the rights. The new annualized salary changes introduce various processes that employers must follow to ensure that their annualized salary grid does not disadvantage their employees. This allows you to regularly compare each employee`s actual hours to the required hours and create an undeniable and accessible audit trail to respond to annualized salary changes. It`s also time to look at these issues now, as the last of the salary review salary increases came into effect on February 1, 2021. To see when the Fair Work Commission`s wage increases came into effect in relation to 3 different price categories – taking into account the impact of COVID-19 and the postponement of some minimum wage increases accordingly – you can follow this link. All employers of employees covered by bonuses, whether or not they are used on annualized wage terms, should review their employees` wage rates to ensure that workers receive at least the minimum level to be paid for the bonus in question. It can be a nightmare for employers to accurately calculate the amount of annualized salary and compare it to the amount the employee would have received based on modern claims. A modern label applicable with the “regulation of annualized wages” clause allows employers to annualize an employee`s salaries over a 12-month period to pay a certain amount that meets modern bonus requirements. You must notify your employee in writing of the total amount of annualized salary that will be paid, any claims (such as overtime, compensation and penalty interest) that have been included in the amount, and how the total amount was calculated. As part of the Fair Work Board`s (the Board`s) review of modern prices, the issue of annualized wages and salaries was raised.
The Commission`s plenary concluded that clauses providing for annualised wage schemes could be included in modern bonuses, but that guarantees were needed to ensure that workers were not disadvantaged. Since pecuniary claims continue to be paid primarily under the applicable modern arbitral award, it is essential that payments made for an annual salary meet the obligations to pay bonuses for each claim that the employee would otherwise be due for each pay period.  It is not sufficient that the annual salary only compensates the employee on an annual basis if there are pay periods during which the employee is not adequately remunerated. An essential feature is safety precautions to ensure that the annualized salary does not disadvantage employees. These safeguards require employers to record employees` time and attendance and to perform an annual reconciliation every 12 months from the beginning of the annual salary or at the end of the employment relationship by comparing what the employee would have earned under the bonus with the annual salary paid. If the employee has not been sufficiently remunerated as part of the annual salary, the employer must remedy the loss of earnings within 14 days. As noted at the time, these new provisions included an optional mechanism for an employer to pay an annual salary to a full-time employee. The payment of an annual salary with this mechanism was by no means mandatory, and the possibility of paying an annual salary by another mechanism instead (e.B. through a clause in a contract stating that an employee is paid in the form of an annual salary) remained completely legal and possible (whether or not the applicable bonus included an annualized salary clause). After 12 months (or termination of employment), you must compare the total amount of annualized salary you paid to your employer with the amount the employee would have received under the Modern Scholarship. If there is a loss of income (in other words, the employee received too little salary), you must make the payment to the employee within 14 days. Our previous warning, mentioned above, detailed how such annualized wage agreements would work and what obligations employers would have.
Suffice it to say that a modern compensation applicable with a provision regulating annualized wages allows employers to annualize an employee`s wages over a period of 12 months to pay a certain amount in order to satisfy claims for compensation under the arbitration award. However, these annualized wage agreement clauses impose prescriptive and strict requirements on the employer with respect to record keeping, notification to employees, and review of the agreement. Although there are differences between the annualized salary clauses between the different bonuses that contain such clauses, the following obligations of the employer are consistent with these clauses and agreements: In addition, these compensation clauses must be carefully formulated to clearly identify the obligations and claims of the applicable price that the annualized salary will be paid for satisfaction. Thus, employers can continue to rely on common law compensation clauses to offset premium entitlements without having to rely on a modern annualization wage clause and the obligations arising from it. .