AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
37.1 An employee classified in Level 4 or above may agree with his/her employer, as an alternative to being paid in accordance with clause 11, to be paid an annualised salary.
37.1.1 There is no requirement that the employer pay award penalty rates, overtime payments, annual leave loading and allowances in addition to the annualised salary. However the annualised salary, less the Superannuation Guarantee Levy component, must be subject to annual review and be sufficient to cover what the employee would have been paid if all award penalty rates, overtime payments, annual leave loading and allowances were paid based on a 38 hour week.
37.1.2 The agreement reached in 37.1 will be confirmed in writing by the employer and will include the employee’s classification, normal hours of work and the annual salary paid in regular, but no less than 12 monthly, instalments each year.
37.1.3 In the event of termination of employment prior to completion of a year, the annualised salary paid during such period of employment will be sufficient to cover what the employee would have received if all award penalty rates, overtime payments and allowances were paid.
37.1.4 At the employee’s request a review of the employee’s annualised salary will be conducted if the salary, less the Superannuation Guarantee Levy component, does not cover what the employee would have received if all award penalty rates, overtime payments and allowances arising from the award were paid. As a result of a review, an employee may elect to revert back to the award rates of pay basis and receive all award benefits in lieu of the salary.
37.1.5 An employee being paid according to this clause shall ordinarily be rostered to work over a five or five and a half day week. If such an employee is required to work on a public holiday, the employee shall be entitled to a day off in lieu of the public holiday, or to a day added to his or her annual leave entitlement, or to be compensated as part of their annual salary.
