Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:5_8
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 5 cl 8
Character Range: 222901–225318

8  Part 10A award modernisation process is not intended to result in reduction in take‑home pay
(1) The Part 10A award modernisation process is not intended to result in a reduction in the take‑home pay of employees or outworkers.
(2) An employee's or outworker's take‑home pay is the pay an employee or outworker actually receives:
 (a) including wages and incentive‑based payments, and additional amounts such as allowances and overtime; but
 (b) disregarding the effect of any deductions that are made as permitted by section 324 of the FW Act.
Note: Deductions permitted by section 324 of the FW Act may (for example) include deductions under salary sacrificing arrangements.
(3) An employee suffers a modernisation‑related reduction in take‑home pay if, and only if:
 (a) a modern award made in the Part 10A award modernisation process starts to apply to the employee when the award comes into operation; and
 (b) the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the modern award came into operation; and
 (c) the amount of the employee's take‑home pay for working particular hours or for a particular quantity of work after the modern award comes into operation is less than what would have been the employee's take‑home pay for those hours or that quantity of work immediately before the award came into operation; and
 (d) that reduction in the employee's take‑home pay is attributable to the Part 10A award modernisation process.
(4) An outworker who is not an employee suffers a modernisation‑related reduction in take‑home pay if, and only if:
 (a) when a modern award that contains outworker terms comes into operation, the outworker is a person to whom outworker terms in the modern award relate; and
 (b) the outworker is performing the same work as (or work that is similar to) the work he or she was performing immediately before the modern award came into operation; and
 (c) the amount of the outworker's take‑home pay for working particular hours or for a particular quantity of work after the modern award comes into operation is less than what would have been the outworker's take‑home pay for those hours or that quantity of work immediately before the award came into operation; and
 (d) that reduction in the outworker's take‑home pay is attributable to the Part 10A award modernisation process.