LEGL3111.

2023 Topic Outlines and Learning Activities

Week 6: Topics: 1. Remuneration 2. Hours of Work

1. Remuneration
a. Types of payment
i. Wages
ii. Bonuses and incentives (e.g. commissions)
iii. Loadings
iv. Remuneration packages
b. Wage Fixation in Federal System
i. Under Work Choices
ii. Under Fair Work, a minimum wage is created by FWC’s Expert
Panel (formerly the Minimum Wage Panel), S 284(1) of the Fair Work
Act 2009
iii. National Minimum Wage Orders, S 285(2)(c) of the Fair Work Act
2009 (Cth)
iv. Modern Award Rates, (s 285).
c. Pay Equity
i. Concept of equal remuneration for work of equal value
ii. Federal system employees, Sect 284(1), Part 2-7 of Fair Work Act
2009 (Cth) (includes s 302) FWC can make equal remuneration
iii. State system employees, S 23 Industrial Relations Act 1996 (NSW)
d. Earning remuneration
i. Does an employer have an obligation to provide work where the
employee needs work to be paid? Devonald v Rosser & Sons [1906] 2
KB 728, Hanley v Pease & Partners [1915] 1 KB 698
ii. Suspension and stand down, s 524 Fair Work Act 2009 (Cth)
iii. General rule: no work, no pay, Automatic Fire Sprinklers v Watson
(1946) 72 CLR 435, s 471 Fair Work Act (Cth) with regard to
protected industrial action, For Unprotected Industrial Action s 474
iv. Paying employees not to work, Mann v Capital Territory Health
Commission (1981) 54 ALR 23, Blackadder v Ramsay Butchering
(2005) 221 CLR 539 and Downe v Sydney West Area Health Service
(2008) 71 NSWLR 633, Exceptions
I. Loss of reputation or publicity,
– Herbert Clayton v Oliver [1930] AC 209,
– Bartlett v Indian Pacific Ltd (1988) 68 WAIG 2508,
– Curro v Beyond Productions Pty Ltd (1993) 35 AILR
291
II. Reduced earnings,
– Devonald v Rosser & Sons [1906] 2 KB 728,
e. Payment of Wages
i. Pay periods, s 323 Fair Work Act 2009 (Cth)
ii. Acceptable forms of payment, ss 323, 324, 325, 326
iii. Overpayments and set-offs
iv. Pay slips, s 536, regulation 3.46 of Fair Work Regulations 2009
f. Superannuation
i. There are mainly two types of schemes:
- Defined benefit schemes
- Accumulation schemes
ii. Federally, Superannuation Guarantee (Administration) Act 1992
(Cth) and Superannuation Guarantee (Charge) Act 1992 (Cth) 1.
iii. Choice of fund

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LEGL3111.2023 Topic Outlines and Learning Activities

Reading:
A Stewart, A Stewart, Stewart’s Guide to Employment Law, Sydney: The Federation
Press, 2021, Ch 10.

2. Working Hours
a. Introduction
b. Ordinary Hours of Work, s 20, s 147 Fair Work Act 2009
c. Part-time employment
d. Flexible Working Arrangement, The National Employment Standard s 65
Fair Work Act 2009 (Cth)
e. Overtime
f. Penalty rates
g. Shift work, s 87 Fair Work Act 2009 (Cth)
h. Meal and rest breaks
i. Restrictions on rostering, s 145A, s 205(1)
j. Maximum working hours under the NES, National Employment Standard s
62(1) Fair Work Act 2009 (Cth), Note: Averaging, s 63 (1)

Reading:
A Stewart, A Stewart, Stewart’s Guide to Employment Law, Sydney: The Federation
Press, 2021, Ch pp 257 to 269.

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LEGL3111.2023 Topic Outlines and Learning Activities

Learning Activities

1. What is the current minimum wage? How is it created? Is it the same as

Minimum Award Rates? How can you arrange to earn more than these
minima?

2. Locate and track the rise in the minimum award rates for these
occupations/industries since the Modern Award was created:

a. Security Guards

b. Musicians performing live

c. Cleaners

d. Retail Workers

3. What are the maximum amount of hours that an employee in the Federal
System is required to work? Can an employee refuse to work time over that
maximum amount? What needs to be considered?

4. Tilly was very excited about obtaining her first stint of employment. She had
been informed about the job by a University friend of hers. Her employment
was in a bakehouse and her job involved making bread rolls, sweet pastries
and meat pies in anticipation of the day’s trade.

Her employer was Theresa Cakes Pty Ltd. Theresa was the manager of the
company and she said to Tilly that for the first two weeks she would be
placed on trial to see whether she was suitable for the job, whether she was
reliable and to see whether she got on with the other staff members. During
that two weeks Tilly was trained by the other bakers and proved to be quite
proficient in baking the required articles. She was not paid for the two weeks
training/trial. After the first two weeks Tilly was put on the roster.

Her pay was deposited directly into her bank account but she did not get a
pay sheet. When she asked for a record of her pay she was given a sheet of
paper with the company name written on it and the total that was deposited in
her bank account. If Tilly had been able to find out how many hours, she was
paid she would have found out that she was paid for four hours for every shift
she attended even when she had to work over that time to finish her task.
Tilly was eighteen but was being paid the ‘award rate’ of $10 per hour. When
she opened the shop by herself she did get an extra $2 for the first hour.

Tilly has never received a written contract. In fact, she never received
anything in writing at all. If she makes a mistake in her baking an amount of
money equivalent to 15 minutes pay is deducted from her wages.

Assume Tilly is covered by the Hospitality Industry (General) Award 2020.

She is classified as a Cook Grade 2. She is full-time.

1. What is her minimum weekly rate of pay?

2. What are her ordinary hours of work?

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LEGL3111.2023 Topic Outlines and Learning Activities

3. What is the minimum number of hours she can be asked to work in a

day?

4. What is the maximum number of ordinary hours that may be worked

on any day?

5. What is the frequency of meal breaks?

6. When is overtime payable?

7. What is the penalty rate for working on a Sunday for a fulltime

employee?

8. In what circumstances can an employer make a deduction for

breakages or till shortages?

Does Tilly have any grounds for complaint in the above scenario?

5. Locate and consider the Junior Rates of Pay in the following Awards:

• Children’s Services Award 2010

• Fast Food Industry Award 2010

Identify reasons in support of junior rates and reasons opposed to the continuance of
junior rates of pay.