Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346g
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346G
Character Range: 23937–25962

346G  Provisions about annual rate of salary

 (1) The amount mentioned in paragraph 346E(1)(c) or 346F(1)(c) may be increased by the regulations or in the manner prescribed by the regulations.

 (2) If an employee is paid a periodic rate of pay, the annual full‑time equivalent amount of salary payable to the employee for the purpose of subparagraph 346E(1)(c)(iii) or 346F(1)(c)(iii) is the salary the employee would earn if the employee were employed on a full‑time basis and paid at the employee's periodic rate of pay.

 (3) For the purposes of subsection (2), the salary the employee would earn is to be calculated for the 12 month period beginning on the date on which the AWA is lodged.

 (4) If an employee is paid a piece rate of pay and the employee is a full‑time employee, the annual full‑time salary payable to the employee for the purpose of subparagraph 346E(1)(c)(ii) or 346F(1)(c)(ii) is the salary that the employer reasonably estimates the employee would earn.

 (5) If an employee is paid a piece rate of pay and the employee is not a full‑time employee, the annual full‑time equivalent amount of salary payable to the employee for the purpose of subparagraph 346E(1)(c)(iii) or 346F(1)(c)(iii) is the salary that the employer reasonably estimates the employee would earn if the employee were employed on a full‑time basis.

 (6) The regulations may prescribe one or more methods (whether described, in relation to classes of employees paid piece rates of pay, by the kind of work performed by such employees, or otherwise) by which an employer may reasonably estimate the salary the employee would earn for the purposes of subsections (4) and (5).

 (7) For the purpose of subsections (4) and (5), the salary the employee would earn is to be estimated for the 12 month period beginning on the date on which the AWA is lodged.

 (8) The regulations may prescribe a different definition of salary for the purposes of paragraph 346E(1)(c) or 346F(1)(c) in relation to employees paid piece rates of pay.