It is now been almost a year since we issued our
February 2020 Employment Alert advising about changes that would
likely directly impact employers of employees on annualised
salaries employed under a significant number of modern awards.
These awards had been amended so as to provide for certain
arrangements, procedures and additional recordkeeping requirements
in respect of annualised wage arrangements under those
awards.
You may access our February 2020 Employment Alert by clicking on
this
link.
As we advised in our previous alert in relation to this issue,
the rationale behind the amendments was an endeavour to ensure that
annualised salary employees are paid at least at or above award
rates – i.e. so that annualised salaries are not used by
employers to actually underpay employees, particularly in respect
of overtime and penalty rates. Such amendments were apparently in
reaction to high-profile wage underpayment cases.