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ARTICLE · 04 FEBRUARY 2020

Using annualised salaries: are you ready for 1 March 2020?

Article explains the changes to salary laws, the new obligations and what employers need to do.

AustraliaEmployment and HR

Once upon a time, the utilisation of annualised salary provisions, including those appearing in the Clerks – Private Sector Award 2010 (Clerks Award) or the Banking Finance and Insurance Award 2010 (BFI Award), was a straightforward affair.

Reasonable checks and balances were in place, and compliance was practical and manageable, namely (my emphasis):

Annual salary not to disadvantage employees

(a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

(b) The annual salary of the employee must be reviewed by the employer at least annually to ensure that the compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.

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