We also agreed on the principle of a new super-insurance rule that will retain REST as standard super-funds, but team members who wish to choose an alternative fund have the option to choose. Some workers are entitled to overtime when they work in addition to their normal hours. If you work on a Saturday, Sunday or other irregular hours, you may also be entitled to the payment of punitive interest. Overtime and penalties can be important employment rights, and we are discussing a definition of overtime and penalties and a recent employment dispute over the interaction between overtime and penalties. (iii) the method by which the annualized salary was calculated, including the indication of each component of the annualized salary and any assumptions of overtime or penalties used in the calculation;and B.1.3 Full-time and part-time employees – Overtime rate. What is overtime? What are penalties? 7.1 A facilitating provision provides that the standard approach may be deviated from an agreement allocation provision between an employer and a worker or employer and the majority of workers in the company or part of the company concerned. Loaded rates can be developed for roll-out scenarios specific to part-time workers, such as. B: Loaded rates that provide for the down payment of annual paid leave or personal/care leave (except under the terms of payment under Section 93 of the Fair Work Act 2009) cannot be included in enterprise agreements as they are contrary to the NES.  b) Part-time work may not work more than 38 hours per week at normal rates. The applicant increased the rates of pay in the agreement in order to satisfy the Commission`s fact that, on the whole, workers would be better off under the agreement than with the modern allocation. On this basis, the Commission approved the agreement. In addition, the annual leave down payment is the payment of annual leave. The Fair Work Act stipulates that a payment provision requires a minimum delimitation of four weeks of paid leave to remain in force and a written agreement between the employer and the worker for the payment to be made.
The Full Bench of Canavan found that the conditions that provide for a charged rate for paid annual leave constituted a payment provision that did not meet the requirements of Section 93.  Therefore, if an agreement provided that a full-time or part-time employee could be assigned to one of the aforementioned service table scenarios at any given time, the employee would only have to pay the charged rate for the scenario while it was on the rollboard for the agreement to pass the BOOT.