AN140103 – Electrical Contracting Industry Award - State 2003
5.3.1 Pay day
(a) Wages shall be paid weekly or fortnightly by agreement, in the employer's time, and not later than a Thursday on the production of a time card or other acceptable record of the hours worked for the week.
(b) Provided that in any week in which a public holiday occurs one day after the normal pay day, wages shall be paid in that week 2 days prior to such public holiday.
(c) Employers shall not hold more than 2 days' wages in reserve.
(d) In the event that an employee, by virtue of the arrangement of the employee's ordinary working hours, is to take a day off which coincides with pay day, such employee shall be paid not later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
(e) An employee kept waiting for the employee's wages on pay day after the usual time for ceasing work shall be paid at overtime rates after 6 minutes. Adjustments of wages shall be rectified on the next following pay day.
5.3.2 Employee's first pay day
(a) On the first pay day occurring during an employee's employment, the wages paid shall be whatever is due up to the completion of work on the previous day.
(b) Clause 5.3.2 shall not apply to employers who make a practice of allowing advances to employees, approximating wages due.
5.3.3 Statement of weekly wage rates
On or prior to pay day, the employer shall provide each employee with a statement showing:
(a) Date of payment
(b) Period covered by the payment
(c) Number of hours covered by the payment at:
(i) Ordinary wage rate; and
(ii) Overtime wage rate
(d) Ordinary hourly rate and the amount paid at that rate
(e) Overtime hourly rate(s) and the amount(s) paid at those rates
(f) Gross wages paid
(g) Net wages paid
(h) Details of any deductions made
(i) The amount of contribution paid to a superannuation fund
5.3.4 Calculation of weekly wage rates
(a) An employee in any particular week of a work cycle, shall be paid wages on the basis of an average of 38 ordinary hours per week in each work cycle so as to avoid fluctuating weekly wage payments.
(b) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rate for the employee classification in clause 5.1 (Award Classifications). Under the averaging system, the employee accrues a monetary "credit" each day the employee works actual ordinary hours in excess of the daily average, which would otherwise be 7 hours 36 minutes.
(c) An employee will not accrue a monetary credit for each day absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation, bereavement leave, or paid family leave.
(d) Amount to be Deducted from Average Days Pay - An employee whose ordinary hours are arranged in accordance with clause 6.1 (Hours of Work) and who is paid wages in accordance with clause 5.4 (Employees Wages) and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation, bereavement leave, or paid family leave), shall for each day the employee is absent lose average pay for that day by dividing the employee's average weekly rate by 5. An employee who is so absent from duty for part of a day, shall lose average pay for each hour or part thereof, the employee is absent from duty at an hourly rate calculated by dividing the employees average daily pay rate by 7.6.
(e) The Credit to be Deducted for Rostered Days Off - When such an employee is absent from duty for a whole day the employee will not accrue a "credit", as the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which payment would otherwise have been made. The amount by which an employee's average Weekly Pay will be reduced when they are absent from duty (on other than an authorised absence) is to be calculated as follows:
Total of credits not accrued during cycle multiplied by the average Weekly Pay and divided by 38 hours.
5.3.5 Method of payment of wages
(a) Wages may be paid by cash, cheque or direct transfer into the employees bank.
(b) The method of payment of wages in the establishment may be varied if the employer and the majority of the employees agree. An employer and an employee may agree to vary the method of payment of wages.
(c) In the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee have a facility available during ordinary hours for the cashing of the cheque.
(d) In the case of employees paid by electronic funds transfer:
(i) If for any reasons beyond the control of the employer and the employee the transfer of funds is not affected at the nominated day, the employer shall advance the employee an agreed amount to be repaid by the employee on the day the wages are credited to the employee's account. If the employee does not repay the money as required, the employer will be entitled to withhold the amount involved from the employee's future wages or other entitlement. If an error is made and the amount credited to the employee's account exceeds the entitlement, the employee shall observe the procedure described in the preceding sentence. If the amount is less than the employee's entitlement, the employer shall pay by cash or cheque the amount of the shortfall.
(ii) Suitable alternative arrangements shall be made for sites in remote areas;
(iii) There shall be resolution of genuine difficulties which may arise for individual employees;
(iv) Any fees involved in the transfer of money into the employee's account shall be borne by the employer. (Up to a maximum of 2 accounts per employee).
5.3.6 Payment on discharge
When an employee is discharged, or leaves their employment in accordance with clauses 4.4, or 4.6, they shall be paid all moneys due to them as soon as practicable and, in any case, within twenty-four hours, excepting where a Sunday or public holiday intervenes, in which case they shall be paid such moneys not later than noon on the next succeeding working day.
If the employee is not so paid they shall, for such time as shall elapse between their discharge, or their leaving their employment as aforesaid, and their being paid, be paid at the ordinary time rate of pay.
