Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:6a_13
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 6A cl 13
Character Range: 64777–66516

13  State reference public sector transitional award modernisation process is not intended to result in reduction in take‑home pay

(1) The State reference public sector transitional award 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 State reference public sector modern award made in the State reference public sector transitional award modernisation process starts to apply to the employee when the modern 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 State reference public sector 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 State reference public sector 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 modern award came into operation; and
 (d) that reduction in the employee's take‑home pay is attributable to the State reference public sector transitional award modernisation process.