Employers who enter into agreements with charged rates of pay must ensure that the rates are high enough to compensate workers for the premium rights that workers apply. In particular, if the offending rates compensate for sanctions or requests for overtime, employers should be prepared to provide the Commission with evidence and possibly commitments to address the Commission`s concerns. For example, ALDI agreements submitted to the Commission state that employees are not entitled to overtime and penalties without additional payments being made for the appropriate overtime hours of workers or for work done on Saturdays, Sundays and public holidays. The agreements also provide for a unique Bankable Hours Arrangements. Under the Hours Banking Arrangements, employees receive a uniform payment every 14 days, regardless of the hours the employee actually works. If an employee does not perform his full contract hours during the week, the employee`s bank hours have a negative balance. All negative bank hours „must be calculated using the employee`s future overtime“ before the excess hours are transferred or paid. In June 2018, the Fair Work Commission adopted its decision in the Loaded Rates Agreements  FWCFB 3610 („Tariffs charged in the case of agreements“). Following the decision, the Fair Work Commission approved on 16 October 2019 the Aldi Foods corporate agreements for the Aldi sites in Preston and Stapylton, both of which contain charged rates. His request is „categorically rejected“ by Aldi, which said in a statement: „The enterprise agreement provides for a reduction in working time and employees receive compensation for every hour worked.“ Essentially, in the „Tariffs charged in the agreements“ case, the Commission asserted that the BOOT does not contain an online analysis of the agreement with the terms of the corresponding modern arbitration award. On the contrary, agreements may include charged rates of pay that offset the benefits provided by the corresponding modern premium. If an agreement includes charged rates, the charged rates must be high enough to compensate for the lack of premium benefits a worker would receive for the work. In addition, the burden rate must reflect the actual and potential work patterns of workers.
For example, if an employee might be required to work regularly on weekends, the occupancy rate must be increased to take into account the weekend penalties to which the employee would be entitled after the bonus. The assessment required by the BOOT is a mathematical assessment in which the comparative terms refer directly to remuneration. The assessment will be more complex if the agreement contains certain higher rights that are not monetary, that are available to the worker`s choice or that depend on certain events.