49Remuneration fixed by award or registered agreement

### 49 Remuneration fixed by award or registered agreement > > (1)  [*\[Section 49 Subsection (1) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpa@EN) *\[Section 49 Subsection (1) amended by No. 59 of 1992, s. 32 \]*Subject to this section, where an employee is employed by an employer in work for which a rate of remuneration is fixed by an award or a registered agreement, he is entitled to be paid by his employer in respect of that work remuneration at the rate so fixed. > > > (2)  [*\[Section 49 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja73@GC4@EN) [*\[Section 49 Subsection (2) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpc@EN) [*\[Section 49 Subsection (2) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpb@EN) *\[Section 49 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 49 Subsection (2) amended by No. 59 of 1992, s. 32 \]*Subject to the provisions of an award, a registered agreement or the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) and any Commissioner's Directions or Ministerial Directions issued under that Act, where an employee performs 2 or more classes of work for which differing rates of remuneration are fixed by an award or a registered agreement, he is entitled to be paid in respect of the time occupied in each class of work at the rate so fixed for that class. > > > (3)  [*\[Section 49 Subsection (3) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpd@EN) *\[Section 49 Subsection (3) amended by No. 59 of 1992, s. 32 \]*Except as provided in [subsection (2)](#GS49@Gs2@EN) , where an employee is, during any part of a day, employed by an employer in work for which a wages rate is fixed by an award or a registered agreement, he is entitled to be paid at that rate for any other work done by him in the employment of that employer during any other part of that day. > > > (4)  [*\[Section 49 Subsection (4) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpe@EN) *\[Section 49 Subsection (4) substituted by No. 59 of 1992, s. 32 \]*An employee who is subject to an award or a registered agreement is entitled to be paid in respect of any week if– > > > > > > (a) [*\[Section 49 Subsection (4) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpf@EN) the employee does not work in any week for his or her normal ordinary weekly hours because of action taken by the employer; and > > > > > > > (b) the employee was ready and willing to work during those ordinary working hours in that week. > > > (5)  *\[Section 49 Subsection (5) inserted by No. 59 of 1992, s. 32 \]*An employee referred to in [subsection (4)](#GS49@Gs4@EN) is entitled to be paid – > > > > > > (a) [*\[Section 49 Subsection (5) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpg@EN) wages at the rate fixed by the award or registered agreement; and > > > > > > > (b) [*\[Section 49 Subsection (5) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpg@EN) overtime payments for any overtime worked in accordance with the award or registered agreement at the rate fixed by the award or registered agreement. > > > (6)  *\[Section 49 Subsection (6) inserted by No. 59 of 1992, s. 32 \]* [Subsections (4)](#GS49@Gs4@EN) and [(5)](#GS49@Gs5@EN) do not apply – > > > > > > (a) [*\[Section 49 Subsection (6) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hph@EN) if the employee is employed on a casual basis; or > > > > > > > (b) [*\[Section 49 Subsection (6) amended by No. 18 of 1997, s. 21, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS21@Hpi@EN) if the award or registered agreement or the disciplinary provisions of an Act otherwise provide.