Industrial Relations Act 2016

The minimum compensation payable to an employee is at least equal to the total of the amounts the employer would have been liable to pay the employee if the employee’s employment had continued until the end of the required notice period.

The total must be worked out on the basis of—

the ordinary working hours worked by the employee; and

the amounts payable to the employee for the hours, including, for example, allowances, loadings and penalties; and

any other amounts payable under the employee’s contract of employment.

A regulation may prescribe the amount that is taken to be payable, or how to work out the amount, under a contract of employment mentioned in subsection (2)(c), to an employee whose wages before dismissal were decided wholly or partly on the basis of commission or piece rates.