Fairness Test definition

Fairness Test means the test applied to Employees who would otherwise have been entitled to the benefit of Protected Award Conditions under an industrial Award. An agreement will pass the Fairness Test where the Workplace Authority is satisfied that fair compensation has been provided for modifying or excluding any or all of the protected award conditions (see Definition – Protected Award Conditions).
View Source
Fairness Test means the test set out in section 346M of the pre-transition Act.
View Source
Fairness Test is the test applied to workplace agreements registered on or after 7 May 2007 that guarantees that protected Award conditions, such as penalty rates and public holiday pay, are not traded off without adequate compensation. The Test will apply to all Collective Agreements covered by an Award, and all AWAs for Employees entitled to protected Award conditions and who are earning less than $75,000 per year.
View Source

Examples of Fairness Test in a sentence

  • Providing this information when you lodge your agreement will help the Workplace Authority conduct the Fairness Test.

  • This agreement conforms to the Australian Fair Pay and Conditions Standards and the Fairness Test.

  • Protected Award conditions will become part of any agreement to the extent that the agreement does not expressly remove or modify them (see Definition – Fairness Test).

  • An employee’s salary will not be less than the Fairness Test applied by the Workplace Authority, contemplating the minimum wage rates and penalty payments.

  • The employee may after one (1) year of service apply to assess their wages in relation to the Fairness Test, should there be arrears of wages owing to the employee; the employer will then make up the difference.

  • Signed Date Name in full (printed) Date of Birth Address Witnessed By Witness name in full (printed) Witness Address Fairness Test additional information form The information in this form helps the Workplace Authority to assess your collective agreement against the Fairness Test.

  • The employer will review the above rates and the 4% at the 11th month of operation of this agreement to ensure compliance with the requirements of the Fairness Test.

  • The Fairness Test makes sure that employees receive fair compensation if they agree to change or remove protected conditions in a workplace agreement.

  • Subject to the terms of this Agreement and subject to this Agreement meeting the requirements of the Fairness Test, all applicable protected award conditions, protected preserved conditions and/or protected notional conditions however described including rest breaks, incentive based payments, annual leave loadings, public holiday pay, monetary allowances, overtime loadings and penalty rates to the extent that such entitlements apply to the Employee under the Act are hereby expressly excluded.

  • The employer will review the above rates and the 4% in the 11th month from date of filing this collective agreement with the Workplace Authority to ensure compliance with the requirements of the Fairness Test.