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2 Found helpful • 13 Pages • Topic Notes • Year: Pre-2021
Wage Setting • Pay rates are specified in Modern Awards and Enterprise Agreements • Employees not covered by MA or EA will negotiate their rate of pay, which must not be less than the minimum wage rates set by the Fair Work Commission 2. Work-Wages Bargain a. Common Law Principles • The ‘no work, no pay’ principle: Automatic Fire Sprinklers (1946) – This can apply where an employee refuses to perform some of their required duties, while still being prepared to do other useful work (Often occurs when employees apply a partial work ban as part of a campaign of industrial action) – It may seem unfair that employees can do a whole day of productive work and yet get nothing for it. – The employee is entitled to payment for services performed > ‘Service’ may extend beyond actual performance of duties
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