HSA June 21

Days off and Public Holidays
Under the Managerial salary absorption provisions, the
employee must have at least 8 days off in a 4 week
period, so they could for example work a 7 day week
and have more days off in a later week of that 4 week
period.
If the managerial salary absorption provision employee
works on a public holiday they are entitled to paid time
off equivalent to the time worked on the public holiday.
In terms of where an RDO coincides with a Public
holiday, under the managerial salary absorption
provisions the employee is not entitled to any benefits.
Annual Leave Loading
Employees employed in accordance with the
Managerial Salary Absorption provisions under Clause
25 are not entitled to be paid annual leave loading.
Salary Increases
As the managerial salary absorption amount is aligned
to any award increases, if the FWC increases the award
wages then the salary absorption minimum will go up in
line with the increase.
AWARD FREE EMPLOYEES
Schedule D.2.9 specifically excludes certain positions
from the HIGA. This includes an employee who
is employed to undertake the duties of senior
management or is responsible for a significant area of
the operations of one or more hotels.
Indicative positions include:
• Financial Controller,
• Human Resources Manager
• Venue Manager
• General/Hotel Manager
• Executive Assistant Manager
• Regional Manager
For these particular positions they are award free and
therefore the minimum standards under the National
Employment Standards apply to their position, however
their salary is negotiated according to market rates.
website under the Workplace Relations tab.
RECORD KEEPING OF HOURS WORKED –
SALARY ARRANGEMENTS
It is a requirement under Section 535(1) of the Fair Work
Act 2009 (Cth) that an employer maintains appropriate
time and wage records for all employees for a period of
at least 7 years.
Despite the fact that salaried employees are on a fixed
wage each week, it’s still very important that appropriate
records are maintained in relation to their hours of work,
including when they started and finished for the day and
any breaks they had during their shift.
Having appropriate time and wage records is critical in
ensuring the employer has an appropriate defence as to
the hours the employee worked, should the employee
ever decide to take action against the employer for an
underpayment of wages claim or claim that they didn’t
have appropriate breaks.
MEMBER ENQUIRIES
AHA|SA Members that have any enquiries in relation
to salaries and in particular the salary arrangements
under the HIGA should contact the AHA|SA workplace
relations team.
THE
TASTE OF
REDEMPTION
CONTRACTS OF EMPLOYMENT – SALARY
ARRANGEMENTS
With written contracts of employment whilst they are
not a legal requirement under the Fair Work Act or
the Award or the Fair Work regulations, we strongly
recommend that all employees before they start
their first shift, have a signed contract of employment
in place.
Template contracts of employment for the salaried
arrangements referred to in this article are available
for Members in the Members only portal of the AHA|SA
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