s328-330: ss 328 to 333A Guarantee of annual earnings for high income employees
An employer that gives an award-covered employee a guarantee of annual earnings (a written undertaking, accepted by the employee within 14 days of starting or of a variation, to pay earnings above the high income threshold for 12 months or more, where no enterprise agreement applies) first notifies the employee in writing that the modern award will not apply while the guarantee exceeds the threshold, complies with the guarantee during the guaranteed period (subject to lawful reductions such as unpaid leave or industrial action), and, if it terminates the employment before the period ends, pays earnings at the guaranteed annual rate for the part of the period before termination. Earnings exclude amounts that cannot be determined in advance (commissions, bonuses, non-guaranteed overtime) and superannuation guarantee contributions.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s328-330. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Written guarantees of annual earnings with the employee's acceptance and dates within 14 days; Written notice that the award will not apply, given before or with the guarantee; Calculation showing guaranteed earnings exceed the current high income threshold
What usually goes missing
Bonuses or commissions counted toward the threshold; Guarantee not renewed after 12 months so the award applies again unnoticed; Notice of award non-application missing
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.