Section 18 — Fair Work Act 2009: Meaning of full rate of pay

General meaning (1) The full rate of pay of a national system employee is the rate of pay payable to the employee, including all the following: (a) incentive-based payments and bonuses; (b) loadings; (c) monetary allowances; (d) overtime or penalty rates; (e) any other separately identifiable amounts. Meaning for pieceworkers in relation to entitlements under National Employment Standards (2) However, if one of the following paragraphs applies to a national system employee who is a pieceworker, the employee’s full rate of pay, in relation to entitlements under the National Employment Standards, is the full rate of pay referred to in that paragraph: (a) a modern award applies to the employee and specifies the employee’s full rate of pay for the purposes of the National Employment Standards; (b) an enterprise agreement applies to the employee and specifies the employee’s full rate of pay for the purposes of the National Employment Standards; (c) the employee is an award/agreement free employee, and the regulations prescribe, or provide for the determination of, the employee’s full rate of pay for the purposes of the National Employment Standards.