Document ID: chunk:federal_register_of_legislation:F2024L01635:reg:7
Version: federal_register_of_legislation:F2024L01635
Segment Type: reg
Provision Reference: reg 7
Character Range: 7831–9361

7  Ascertaining correct pay rates and entitlements
  For the purposes of paragraph 6(3)(a), matters to be considered in assessing whether the employer has made reasonable efforts to ascertain correct rates of pay and entitlements for the employee may include, but are not limited to, the following:
 (a) whether the employer referred to any modern award or other relevant instrument that applies to the employee;
 (b) whether the employer referred to any other rights, relating to the payment of an applicable amount, that apply to the employee under the Act;
 (c) whether the employer considered the nature of the enterprise;
 (d) whether the employer considered the role and duties of the employee;
 (e) whether the employer considered the correct classification of the employee's role;
 (f) whether the employer considered any of the following that apply in relation to the employee:
 (i) minimum rates of pay;
 (ii) loadings or allowances;
 (iii) penalty rates or overtime;
 (iv) any other separately identifiable amounts;
 (v) any other requirements relating to rates of pay for the employee, such as annualised wages or piece rates.
Note: For the purposes of paragraph (a) of this section, other instruments that may be relevant to ascertaining correct rates of pay and entitlements for the employee include other fair work instruments (such as an enterprise agreement) or a transitional instrument (as continued in existence by Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).