AN120192 – Electricians &c. (State) Award
9.1 General – The following shall have application to all sections of this clause.
9.1.1 Weekly Payments — Subject to any custom existing at the time of making this award, wages, allowances and expenses shall be paid weekly.
9.1.2 Pay Period — The pay period for the payment of wages, allowances and expenses shall end at the usual time of ceasing work not more than two clear ordinary working days prior to the commencement of pay day.
9.1.3 Pay Day
(a) Upon commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the day of the week upon which the employee is to be paid his/her wages, allowances and expenses and such day shall be recorded in the employee's wages and/or service record as pay day.
(b) Pay day may be altered as to all or a section of employees in an employer's establishment upon the employer giving the employees affected and the union 14 days' notice of such alteration; provided that this paragraph shall not apply to subsection (iv), Pay Day Falling on a Holiday, of this section.
9.1.4 Pay Day Falling on a Holiday — Where pay day falls on a holiday and subject to the other provisions of this clause, an employee shall be paid whatever wages, allowances and other expenses are due to him on the working day before the holiday. In such cases the substituted day shall be deemed to be pay day for the week in question. Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.
9.1.5 Pay Day Falling on a Leisure Day — Where pay day falls on a leisure day (as prescribed by paragraph (c) of subclause (vi) Systems of Ordinary Hours of Work of clause 17, Hours of Work, Day Workers, of this award) or on a day which is substituted for an employee's leisure day (in accordance with the provisions of subclause (ix) Substitution of Leisure Day of the said clause 17), an employee shall be paid whatever wages, allowances and other expenses are due to him/her on the working day before the leisure day. In such cases the substituted day shall be deemed to be pay for the week in question. Provided that in any project, undertaking or establishment either:
(a) an employer and the majority of employees, or
(b) where a rostered leisure day method (as prescribed by paragraph 17.6.2 of the said clause 17) applies, an employer and an employee may agree on any variation to the operation of this subclause.
9.1.6 Payments to be Made
(a) Wages due for time worked during a pay period shall be paid on the first pay day occurring after the end of that pay period.
(b) Allowances due and expenses incurred during a pay period shall be paid on the first pay day occurring after the end of the pay period in which such allowances or expenses are claimed.
(c) An employer and the union may agree on any variation to this subclause to apply to the employer's establishment.
9.1.7 Payment on Termination of Employment — Upon termination of the employment wages, allowances and expenses due to an employee shall be paid to him/her on the day of such termination or forwarded to him/her by post on the next working day.
9.1.8 Waiting for Payment
(a) An employee kept waiting for his/her wages on pay day for more than 15 minutes after the usual time of ceasing work shall be paid overtime rates after that 15 minutes with a minimum of 15 minutes.
(b) If wages are not paid on pay day, except where the default has not been caused by the employer, a penalty of payment of 2 hours at ordinary rates shall be incurred and shall be paid together with the normal pay by mid-day on the next working day after pay day.
9.1.9 Statement of Wages Due — On or prior to pay day the employer shall state to each employee, in writing, the amount of wages, allowances and expenses to which he/she is entitled, the amount of deduction made therefrom and the net amount being paid to him.
9.2 Payments Systems – The payment system to be applied to an employee shall be determined in accordance with one of the following provisions:
9.2.1 Weekly Payment System — Where an employee works a fixed weekly hours system of work as prescribed by paragraph 17.6.1 Fixed Weekly Hours System of subclause 17.6 Systems of Ordinary Hours of Work of the said clause 17, Hours of Work — Day Workers, the employee's payment system shall be for the actual ordinary hours worked.
9.2.2 Average Payment System — Where an employee works an average weekly hours system of work as prescribed by subclause 17.6.2 Average Weekly Hours Systems of subclause 17.6 Systems of Ordinary Hours of Work of the said clause 17, Hours of Work — Day Workers, the employee's payment system shall be either:
(a) for the actual ordinary hours worked, or
(b) so as to avoid fluctuating wage payments each week, an employee may be paid according to a weekly average of the ordinary hours in a work cycle, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle. Provided that the average payment system to be used is determined by agreement between an employer and the majority of employees in any project, undertaking, or establishment.
9.2.3 Alternative Payment Systems — Where the employer and the majority of employees in a project, undertaking or establishment agree, an alternative payment system to those prescribed by this subclause may be introduced.
9.2.4 Absences — Average Payment Systems — Where an employee is paid in accordance with paragraph (b) of subsection 9.2.2, Average Payment System of this section the following shall apply when the employee is absent during ordinary hours of work other than for annual leave, long service leave, paid sick leave, bereavement leave or on worker's compensation leave.
(a) Where the employee is absent for the whole of a day, the employee shall lose average pay for that day calculated by dividing the employee's average weekly wage payment by 4.75 (i.e. the average number of days of work per week in a work cycle).
(b) Where during a pay period the employee is absent from ordinary hours of work for a total time which exceeds the weekly ordinary hours of work prescribed by subclause 17.1 of the said clause 17 (i.e. 38 hours), the employee shall lose only the employee's average weekly wage payment for that pay period.
Provided that any adjustments to the employee's pay which may be necessary in respect of that pay period arising from the application of this paragraph shall be made by equal amounts during the subsequent pay periods in the work cycle which commences from the beginning of that pay period.
(c) Where the employee is absent for part of a day, the employee shall lose average pay for each hour the employee is absent calculated by dividing his/her average pay for that day by 7.6 (i.e. the average number of daily ordinary hours in an ordinary work cycle).
9.2.5 Commencement of Employment — Average Payment System - An employee to whom an average payment system is to apply and who commences employment during a work cycle applying the project, undertaking establishment in which he/she is to work shall be paid wages due for hours actually worked until the beginning of the first work cycle which is to apply to him/her. Thereafter he/she shall be paid in accordance with the average payment system.
9.2.6 Termination of Employment — Average Payment Systems — An employee to whom an average payment system applies and whose employment is terminated during a work cycle applying in the project, undertaking or establishment in which he/she is working shall be paid wages due for hours actually worked during the cycle adjusted against wages paid for that portion of the cycle worked by him/her.
