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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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If an employee is claiming penalty rates weekends and

Customer Question

If an employee is claiming penalty rates for the weekends and public holidays are these rates based on the award or the base rate we pay her as we pay above the award in order to waive these entitlements?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.I am not sure what your question is. An employee has to be paid in accordance with the award. They cannot claim penalty rates. They are entitled if they work hours over and above their normal hours.
Customer: replied 5 months ago.
I have an employee that is claiming penalty rates for saturday and sundays but her base rate is higher than the award penalty rates anyway. Is it based on 150% of her base rate or is it 150% of the award?
Expert:  Leon replied 5 months ago.
Good AfternoonYou only have to pay them what the award says. They cannot claim more than the award. Are you paying her under an award or have you set your own rate which is above the award rate as the base hourly rate?