Maritime Offshore Oil and Gas Award 2020 [MA000086]
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NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
14.1 The employer will pay the employee’s wages, penalties and allowances at least monthly by electronic funds transfer into the employee’s bank (or other recognised financial institution) account nominated by the employee.
14.2 An employer may deduct from any amount required to be paid to an employee under clause 14 the amount of any overpayment of wages or allowances.
14.3 Salaries will be calculated in the following way:
(a) the monthly rate—by dividing the annual rate by 12;
(b) the fortnightly rate—by dividing the annual rate by 26;
(c) the daily rate for fortnightly paid employees—by dividing the fortnightly rate by 14.
14.4 Payment on termination of employment
(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 14.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 14.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 14.4. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.