Part 2Support entitlements and employer obligations
Wage rates
10Weekend and night penal rates
This section applies to a term or condition of an employment agreement that—
- was agreed before the relevant date; and
- requires an employer to pay a support worker an allowance, based on the worker’s hourly wage, for working on a Saturday or a Sunday, or after 5 pm on any day.
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For work to which section 9 applies performed on or after the relevant date, the term or condition must be read as requiring the employer to pay the allowance at the same dollar value, per hour, as would be required to be paid based on the worker’s ordinary hourly wage immediately before the relevant date.
Example
Before the relevant date, Alice is a care and support worker whose employment agreement provides that her wage is $18 an hour and that she will be paid an extra 50% of her hourly wage for work she performs on a Sunday (an additional $9 an hour).
On and from the relevant date, Alice’s wage is $21 an hour. Alice’s employer must pay Alice an allowance of $9 an hour for work she performs on a Sunday. This is the same dollar value as the allowance Alice was entitled to before the relevant date, rather than 50% of Alice’s new hourly wage rate.
Notes
- Section 10(1)(a): amended, on , by section 13(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
- Section 10(1)(b): amended, on , by section 13(2) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
- Section 10(2): amended, on , by section 13(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
- Section 10(2) example: amended, on , by section 13(1) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).