s45: s 45 Comply with every term of an applicable modern award
A person to whom a modern award applies does not contravene any of its terms (minimum rates, classifications, hours, penalty rates, overtime, allowances, breaks, rostering, consultation, dispute resolution and record terms). The award applies when it covers the employee and employer, is in operation, and no enterprise agreement or high income guarantee displaces it.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s45. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Award coverage assessment for each role identifying the applicable modern award and classification level; Pay rate tables in payroll showing the award minimum and each employee's rate, updated at each annual wage review; Audit of penalty rates, overtime and allowances paid against rosters and timesheets
What usually goes missing
Employees classified at the wrong level or under the wrong award; Annualised salaries never reconciled against award entitlements; Award rates not updated from the first full pay period on or after 1 July
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.