Institute of Certified Bookkeepers
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PENALTY RATES WHEN PAYING ABOVE AWARD HOURLY RATE

  • 2 posts
  • # 117156

We are looking at employing someone on a casual basis. If we pay above-award hourly rate, do we still need to pay penalty rates if they work on a public holiday?
Appreciate your advice.
Thanks.
Michelle

  • Fellow in Practice
  • Practice Certificate
  • 266 posts
  • # 117157

HI

 

Paying above award rates does not exempt an employer from paying appropriate penalties and overtime.  .  Possibly documenting that the hourly rate was inclusive of certain things at time of employment may cover the penatlies but you have to show that the employee is not worse off than the award payments and it  is unusual for casual and I would be seeking HR advice but if nothing in writing then defintiely no

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