Fair Work Act 2009

An undertaking given by an employer to an employee is a guarantee of annual earnings if:

the employee is covered by a modern award that is in operation; and

the undertaking is an undertaking in writing to pay the employee an amount of earnings in relation to the performance of work during a period of 12 months or more; and

the employee agrees to accept the undertaking, and agrees with the amount of the earnings; and

the undertaking and the employee’s agreement are given before the start of the period, and within 14 days after:

the day the employee is employed; or

a day on which the employer and employee agree to vary the terms and conditions of the employee’s employment; and

an enterprise agreement does not apply to the employee’s employment at the start of the period.

However, if:

an employee is employed for a period shorter than 12 months; or

an employee will perform duties of a particular kind for a period shorter than 12 months;

The annual rate of the guarantee of annual earnings is the annual rate of the earnings covered by the undertaking.