Document ID: chunk:federal_register_of_legislation:C2022C00350:clause:1_789gdb
Version: federal_register_of_legislation:C2022C00350
Segment Type: clause
Provision Reference: sch 1 cl 789GDB
Character Range: 17186–19289

789GDB  Hourly rate of pay guarantee
 (1) For the purposes of this Part, the hourly rate of pay guarantee consists of the rules set out in subsections (2) and (3).

Minimum rate of pay—jobkeeper enabling stand down
 (2) If a jobkeeper enabling direction given by an employer under section 789GDC (jobkeeper enabling stand down) applies to an employee of the employer, the employer must ensure that the employee's base rate of pay (worked out on an hourly basis) is not less than the base rate of pay (worked out on an hourly basis) that would have been applicable to the employee if the direction had not been given to the employee.
Note: This subsection is a civil remedy provision (see Part 4‑1).

Minimum rate of pay—duties of work
 (3) If a jobkeeper enabling direction given by an employer under section 789GE (duties of work) applies to an employee of the employer, the employer must ensure that the employee's base rate of pay (worked out on an hourly basis) is not less than the greater of the following:
 (a) the base rate of pay (worked out on an hourly basis) that would have been applicable to the employee if the direction had not been given to the employee;
 (b) the base rate of pay (worked out on an hourly basis) that is applicable to the duties the employee is performing.
Note: This subsection is a civil remedy provision (see Part 4‑1).

Base rate of pay for certain payment arrangements
 (4) If:
 (a) an employee is paid otherwise than:
 (i) on an hourly basis; or
 (ii) by reference to an hourly rate of pay; and
 (b) a workplace instrument applicable to the employee:
 (i) specifies the employee's base rate of pay for the purposes of the National Employment Standards; or
 (ii) sets out a method for working out the employee's base rate of pay for the purposes of the National Employment Standards;
then, for the purposes of this section, the employee's base rate of pay is:
 (c) the amount specified in the workplace instrument; or
 (d) the amount worked out using the method set out in the workplace instrument;
as the case requires.

Division 3—Jobkeeper enabling stand down