FAIR WORK REGULATIONS 2009 - REG 1.09 Meaning of base rate of pay-- pieceworkers (national system employee)

FAIR WORK REGULATIONS 2009 - REG 1.09

  (1)   For paragraph   16(2)(c) of the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for a national system employee who is an award/agreement free employee and a pieceworker.

Note:   The Act defines award/ agreement free employee in section   12 and pieceworker in section   21.

  (2)   The base rate of pay, expressed as an hourly rate of pay, is worked out using the formula:

where:

"TA" is the total amount earned by the employee during the relevant period.

"TH" is the total hours worked by the employee during the relevant period.

"the" relevant period is:

  (a)   for an employee who was continuously employed by the employer for a period of 12 months or more immediately before the base rate of pay is to be worked out--the 12 months before the rate is to be worked out; or

  (b)   for an employee who was continuously employed by the employer for a period of less than 12 months immediately before the base rate of pay is to be worked out--that period.