Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6_11
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6 cl 11
Character Range: 245828–247384

11  Enterprise instrument modernisation process is not intended to result in reduction in take‑home pay
(1) The enterprise instrument modernisation process is not intended to result in a reduction in the take‑home pay of employees.
(2) An employee's take‑home pay is the pay an employee 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 enterprise award made in the enterprise instrument 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 enterprise 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 enterprise 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 enterprise instrument modernisation process.