Meaning of base rate of pay—transitional instrument applies to pieceworker
3.01 Meaning of base rate of pay—transitional instrument applies to pieceworker
For paragraph 32(2)(a) of Schedule 3 to the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for an employee to whom a transitional instrument applies and who is a pieceworker.
For the definition of pieceworker see regulation 3.02.
The base rate of pay for the employee, expressed as an hourly rate of pay, is:
if there is a transitional rate—that rate; or
if there is no transitional rate—the formula rate.
In this regulation:
formula rate means the rate of pay 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.
In this regulation:
relevant period means:
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
for an employee who was continuously employed by the employer for a period less than 12 months immediately before the base rate of pay is to be worked out—that period.
transitional rate means the rate mentioned in, or calculated in accordance with, the transitional instrument or transitional APCS that applies to the employee.
For the definition of transitional APCS see subitem 5(3) of Schedule 9 to the Act.
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