How to determine position classification levels
It is important to note that the responsibilities, job titles and duties listed under each classification in an Award are indicative only and serve to provide a useful guideline for matching each position within your business to a classification within the Award. An employee does not need to perform all of the tasks, job titles or duties listed to fit within a given classification.
How to locate minimum rates
The current minimum base wage rates can be found in the Clerks Private Sector Award 2020 or the Clerks Private Sector Award 2020 Pay Guide. Both documents are available from the Resources section of our website (www.hradviceonline.com.au).
Annualised salary arrangements
An employer may pay a full-time employee an annualised wage in satisfaction, subject of any, or all, of the following provisions of the award:
- clause 13.8 (Make-up time); and
- clause 16—Minimum rates; and
- clause 19—Allowances; and
- clause 21—Overtime (employees other than shiftworkers); and
- clause 22—Rest period after working overtime (employees other than shiftworkers); and
- clause 23—Time off instead of payment for overtime (employees other than shiftworkers); and
- clause 24—Penalty rates (employees other than shiftworkers); and
- clause 26—Ordinary hours of work and rostering for shiftwork; and
- clause 28—Overtime for shiftwork; and
- clause 29—Time off instead of payment for overtime for shiftwork; and
- clause 30—Rest period after working overtime for shiftwork; and
- clause 31—Penalty rates for shiftwork; and
- clause 32.3—Annual leave loading.
Where an annualised wage is paid, the employee must be advised of this in writing, and records must be maintained of:
- the annualised wage that is payable;
- which of the provisions of this award will be satisfied by payment of the annualised wage;
- the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
- the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 18.1(c).
If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 18.1(b)(iv),such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
The annualised wage must be no less than the amount the employee would have received under the award for work performed over the year for which the wage is paid. If the employment ceases earlier, the annualised wage must be no less than the amount the employee would have received under the award for work performed over the lesser period worked.
At least each 12 months from the commencement of the annualised wage arrangement, or upon the termination of employment of the employee, the employer must calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.
An employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required. This record must be signed by the employee or acknowledged as being correct in writing (this can be by electronic means) by the employee, each pay period or roster cycle.