Annualised Salaries – Clerks Private Sector Award 2010
Every two years, all Modern Awards undergo a review to ensure the Award provisions reflect the practices of each industry and/or occupation. The most recent modern award review had a focus on annualised salaries and the outcome has determined that to apply some consistency across similar industries and occupations, an Annualised salary clause be included or refined for some Awards. If an award did not previously have an annualised salary, it is to commence from 1 March 2020.
For our members, the Award which has an annualised salary clause is Clerks Private Sector Award 2010 (the Award). This Award has held this provision for some time, and this is a reminder of the administrative obligations an employer has to adhere to, in order to continue providing an annualised salary to their clerical employees.
Under Clause 19, an employer may pay an employee an annual salary which includes any or all of the following provisions into the salary:
- Minimum weekly wages
- Overtime and penalty rates; and
- Annual leave loading.
Where an annual salary is paid, the employer must advise the employee in writing, ideally through an employment contract, of what the total annual salary will be and detail which of the provisions of the Award are contained within the Annual salary, i.e. all of the above or only some of the above.
The employer is also then obligated to keep a record of calculations to ensure that the annualised salary provisions is inclusive of what is detailed in the employment contract, and to ensure that the calculations are correct against what the staff member would have received under the Award.
The recent modern award review has highlighted that it is imperative that an employer must detail the salary in writing and carry out calculations to ensure the salary meets the terms of the Award as a minimum.
If you need to obtain an employment contract or need assistance with any calculations, please contact our Workplace Relations team on 07 3273 0800.