Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:16aa
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 16AA
Character Range: 68252–69510

16AA  Modern enterprise award terms giving FWA power to make take‑home pay orders
 (1) A modern enterprise award may include terms that give FWA power to make an order (a take‑home pay order) remedying a reduction in take‑home pay suffered by an employee, or a class of employees, as a result of the making of a modern enterprise award or the operation of any transitional arrangements in relation to the award (whether or not the reduction in take‑home pay is a modernisation‑related reduction in take‑home pay).
 (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) This Division applies to an employee, or a class of employees, to whom a modern enterprise award applies if the employee or employees are likely to suffer a reduction in take‑home pay attributable to the making of a modern enterprise award or the operation of any transitional arrangements in relation to the award.