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Underpayment for wages and conditions are a complex issue in most cases, we can help you

What's the right pay?

From 1 January 2010, modern awards and national minimum wage orders set minimum wages for most employees in the national system.

However, a number of modern awards contain a model phasing schedule, which allows wages and penalty rates which are higher or lower than pre-existing conditions to be progressively introduced in 5 annual instalments. This period gives employers and employees who are affected by modern awards enough time to introduce the changes.

If the modern award contains this model phasing schedule between 1 January 2010 and 1 July 2010 the pre-modern award rates (eg. from a pay scale, or State reference transitional award) will continue and must be paid.

If you believe you've been underpaid, you can get help from us about that. Simply call us on 1300 991 791 or complete the form below and we'll call you.

Your employer must give you a pay slip within 1 working day of your pay day.

Information that must be on your pay slip

  • the name of your employer (for example, XYZ Pty Ltd trading as XYZ Pie Shop)
  • from 1 January 2010 – the Australian business Number (ABN) (if any) of your employer
  • your name
  • the date of payment
  • the pay period (eg. 24/3/09 to 30/3/09)
  • the gross and net amount of pay
  • any loadings, monetary allowances, bonuses, incentive-based payments, penalty rates or other entitlements paid that can be singled out
  • if you're paid an hourly rate - the ordinary hourly pay rate and number of hours worked at that rate and the amount of pay at that rate
  • if you're paid an annual rate (salary), that rate as at the last day in the pay period
  • any deductions made from your pay, including the amount and details of each deduction (including superannuation), including the name, or the name and number of the fund or account your deductions are paid into
  • if your employer is required to pay superannuation contributions for your benefit, you should see:
    • the amount of each superannuation contribution the employer made during the pay period
    • the name or the name and number of the superannuation fund your superannuation contributions were made or will be made into.

 
Note: Employers who contribute a defined benefit interest into a defined benefit fund don't have to fulfil the reporting requirements for superannuation contributions.

Note: Any deductions from your pay must be authorised in writing by you.

Generally speaking, an employer is allowed to make a deduction from your pay if:

  • you agreed in writing and the deduction is principally for your benefit, or
  • you authorised the deduction in accordance with an industrial agreement; or
  • the deduction is authorised by or under a modern award, a pre-modern award (federal award, NAPSA, or transitional award), or an order of Fair Work Australia; or 
  • the deduction is authorised by or under a Commonwealth, State or Territory law or an order of a court.


Generally speaking, an employer cannot make a deduction from your pay if:

  • the deduction is for the benefit of the employer and is unreasonable, or
  • your are under 18 years of age and the your guardian or parent hasn't authorised the deduction in writing.

Electronic pay slips must list the same information as hardcopy pay slips.

Sourced: http://www.fairwork.gov.au/Pay-leave-and-conditions/Finding-the-right-pay/Pages/Pay-slips.aspx?role=employees

Please send us your inquiry and we'll call you.

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