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Bubbles101
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It’s entirely dependent on the rate of the salary.

bb1, post: 268490, member: 53375 wrote:
Ah but that doesnt cover of this clause, basically it is saying that you base salary covers any other legislated requirements, so even if they are paying award, subtract hliday pay, overtime, etc, etc. Oh and the catch all, if there is any new legislated payment, that also comes out of the existing pay. Wow they want their cake and eat it as well. Fair work would have a party on this one

”Your salary as specified above includes all payments and benefits that we are legally obliged to provide to you. Your effective hourly rate of pay for hours worked is specifically off-set against, applied to and absorbs any existing or newly‑introduced payments or benefits to which you are or may become legally entitled, including but not limited to:

(a) all hours worked by you including all hours worked in excess of your ordinary hours;
(b) your entitlement to overtime rates and penalty rates;
(c) your entitlement to allowances;
(d) your entitlement to annual leave loading; and
(e) your entitlement to any payment, benefit, or other form of salary loading.
under any applicableaward, agreement or legislation. ”

The initial question was whether it’s legal to have an agreement where an employee can be asked to work a specified amount of overtime without being paid penalty rates.

I believe you have mis read the agreement.
It’snot ‘minus holidays etc’ but including.

Fair Work wouldn’t have a problem with it as long as the total amount of their salary covered their rights and entitlements to all amounts specified under the award or agreement.

And salaries are usually inflated to make sure these things are well covered.

The initial question didn’t give any information regarding either the salary amount or the applicable award. They will be able to use the tool in the fair work link provided to calculate what the minimum rates and allowances should be.