Recent Federal Court decisions have reinforced strict compliance requirements for employers using annualised wage arrangements under modern awards or enterprise agreements.
These arrangements, like in the Pastoral Award, allow employees to receive a fixed salary instead of fluctuating payments for overtime, penalties, and allowances. However, the Court made it clear that:
Annualised wages must fully cover all award entitlements, including overtime, penalty rates, and allowances.
Employers are required to conduct annual reconciliations (or on termination) to ensure no shortfall exists. If a shortfall is found, it must be rectified promptly.
The Court emphasised that accurate and detailed records are essential. Employers must keep:
- Hours worked, including start and finish times and any unpaid breaks.
- Overtime hours and any additional payments.
- Leave records, including accruals and any cash-outs.
- Pay details, such as gross/net amounts, deductions, and loadings.
These records must be retained for seven years, be in English, and be accessible to Fair Work Inspectors.
It’s a timely reminder to review the systems you have in place if you have employees with an annual wage structure.
For more information visit:
www.fairwork.gov.au/newsroom/news/offsetting-and-record-keeping-salaried-employees
The Pinion Advisory People and Succession Services team can help you with understanding more.