3.01Meaning of base rate of pay—transitional instrument applies to pieceworker

#### 3.01 Meaning of base rate of pay—transitional instrument applies to pieceworker (1) For paragraph 32(2)(a) of Schedule 3 to the Act, this regulation provides for the determination of the base rate of pay for the purposes of the National Employment Standards for an employee to whom a transitional instrument applies and who is a pieceworker. > Note: For the definition of pieceworker see regulation 3.02. (2) The base rate of pay for the employee, expressed as an hourly rate of pay, is: (a) if there is a transitional rate—that rate; or (b) if there is no transitional rate—the formula rate. (3) In this regulation: > formula rate means the rate of pay worked out using the formula:  where: > TA is the total amount earned by the employee during the relevant period. > TH is the total hours worked by the employee during the relevant period. (4) In this regulation: > relevant period means: (a) for an employee who was continuously employed by the employer for a period of 12 months or more immediately before the base rate of pay is to be worked out—the 12 months before the rate is to be worked out; or (b) for an employee who was continuously employed by the employer for a period less than 12 months immediately before the base rate of pay is to be worked out—that period. > transitional rate means the rate mentioned in, or calculated in accordance with, the transitional instrument or transitional APCS that applies to the employee. > Note: For the definition of transitional APCS see subitem 5(3) of Schedule 9 to the Act.