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WORKPLACE RELATIONS ACT 1996 - SECT 185 The guarantee

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 185

The guarantee

             (1)  This section applies to a casual employee for whom, under section 182, there is a guaranteed basic periodic rate of pay, other than a casual employee in relation to whom the following paragraphs are satisfied:

                     (a)  subsection 182(1) applies to the employee;

                     (b)  the APCS that covers the employment of the employee does not contain casual loading provisions under which a casual loading is payable to the employee;

                     (c)  the employee's employment is not covered by a workplace agreement.

             (2)  The casual employee must be paid, in addition to his or her actual basic periodic rate of pay, a casual loading that is at least equal to the guaranteed casual loading percentage of that actual basic periodic rate of pay.

Note:          The employee's actual basic periodic rate of pay should at least equal the guaranteed basic periodic rate of pay under section 182.

             (3)  The guaranteed casual loading percentage is as set out in the following table:

 

Item

In this situation ...

the guaranteed casual loading percentage is ...

1

if:

(a) subsection 182(1) applies to the employment of the employee; and

(b) the employee's employment has never been subject to a workplace agreement;

the percentage that is the casual loading payable to the employee under casual loading provisions of the APCS referred to in subsection 182(1).

2

if:

(a) subsection 182(1) applies to the employment of the employee; and

(b) the employee's employment has been, but is no longer, subject to a workplace agreement;

the higher of:

(a) the percentage that is the casual loading payable to the employee under casual loading provisions of the APCS referred to in subsection 182(1); and

(b) the default casual loading percentage.

3

if:

(a) subsection 182(1) applies to the employment of the employee; and

(b) the employee's employment is covered by a workplace agreement;

the default casual loading percentage.

4

if subsection 182(3) or (4) applies to the employment of the employee

the default casual loading percentage.