Compare the annualised salary paid with what the employee would have received under the applicable award for actual work during the same period—not simply the basic annual award wage. [2][3]

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Confirm the award and annualised-wage provision

Identify the applicable award or enterprise agreement and check it alongside the Fair Work Act; the employment contract must operate consistently with those instruments. [2] Confirm the employee’s classification, employment status and eligibility, then locate the annualised-wage provision. The mechanism and its requirements differ between awards. [3][5]

This walkthrough uses the Restaurant Award example described by the Fair Work Ombudsman. For another award, check its eligibility, covered entitlements, outer limits and reconciliation timing rather than importing the Restaurant rules. [2][5] An award annualised-wage arrangement and a contractual offsetting arrangement are not interchangeable. [2][3]

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Separate covered entitlements from outer-limit payments

Under the Restaurant Award, the annualised wage must be at least 25% above the employee’s weekly minimum award rate, multiplied by 52. [2] This is a salary-setting minimum—not proof the salary covers the employee’s actual work. [2][3]

  • Entitlements the arrangement can cover: the classification minimum rate, split-shift allowance, overtime, penalty rates and annual leave loading. [2]
  • Outer limits: a weekly average of 18 penalty-rate hours and 12 overtime hours over the roster cycle. Work from 10 pm to midnight Monday to Friday is excluded when counting towards the penalty-hour limit. [2]
  • Separate payments: hours beyond those limits must be paid at the employee’s minimum hourly rate plus applicable penalty or overtime rates, on top of the annualised wage. [2]

The late-evening exclusion concerns counting towards the penalty-hour limit, not whether those hours attract an entitlement. [2] Sprintlaw advises paying outer-limit amounts in the relevant pay cycle rather than leaving them for annual reconciliation. [5]

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Build a traceable review file

Use a cover sheet identifying the employee, classification, award provision, review period, trigger, reviewer and completion date. The folder structure is optional; distinguish it from the Restaurant Award’s record requirements:

  • Required written agreement: the employer and employee must agree to the arrangement in writing, retain it as a time-and-wages record and give the employee a copy. [2]
  • Required actual-hours records: record daily start and finish times and unpaid breaks. The employee must sign or digitally acknowledge their accuracy at the end of each pay period or roster cycle. [2]
  • Recommended calculation support: retain the annualised amount, covered entitlements, calculation assumptions and outer limits, alongside the worksheet connecting recorded work to award entitlements. [3][5]
  • Recommended payment and outcome evidence: retain salary records, separately paid amounts, the reconciliation result and evidence of any top-up. [5][6]

Use the same employee and period references throughout. Cross-reference calculation entries to time records and payments so another reviewer can follow the comparison.

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Reconstruct actual work and price the entitlements

Start with acknowledged actual-hours records, not the planned roster. Map those records to ordinary hours, overtime triggers and hours, penalty periods, split-shift allowances and applicable annual leave loading. Apply the classification and award rules and rates effective when the entitlement arose—not simply the rate at reconciliation. [1][2][5][7]

For a traceable worksheet, use these columns:

  • Source record and work date.
  • Entitlement and quantity: hours, shifts or other applicable units.
  • Rate reference, effective date and calculated amount.
  • Treatment: covered by the annualised wage or payable separately. [5][7]

Identify outer-limit hours using the weekly-average test over the roster cycle, not an annual-hours shortcut. [2] Mark missing acknowledgements, unclear hours and unconfirmed historical rates for follow-up.

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Illustrative reconciliation: keep separate payments visible

Illustrative structure: consider a Restaurant Award period containing ordinary work, penalty work, covered overtime, split shifts and overtime beyond the outer limit. These symbolic inputs show how to link the records without assuming employee hours or award rates:

  • Hordinary: recorded ordinary hours, linked to acknowledged time record ORD.
  • Hpenalty: penalty-period hours, linked to record PEN and cross-referenced to ordinary hours already counted.
  • Hovertime-covered: overtime within the outer limit, linked to record OTC.
  • Houter-limit: overtime beyond the limit, linked to record OTX and the roster-cycle calculation.
  • Nsplit-shifts: qualifying split shifts, linked to record SPL.
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A = covered award entitlement: ordinary entitlement + applicable penalty components + covered overtime + split-shift allowance + applicable annual leave loading. Price the recorded quantities using applicable rates without counting the same base entitlement twice. [2][5]

S = salary paid for that period, supported by payroll and payment records—not the contractual annual headline. If A exceeds S, the difference is the covered shortfall. [2][3]

E = separately payable outer-limit entitlement; P = evidenced separate payments. Compare E with P and record any unpaid balance and payment dates. Keep P separate from S: outer-limit payments are payable on top of the annualised wage. [2][5]

The file should answer two questions: did S cover A, and was E paid when required? Sprintlaw’s guidance places outer-limit payments in the relevant pay cycle, rather than at annual reconciliation. [5]

Record triggers, corrections and completion

For the Restaurant Award, reconciliation is required at least every 12 months after the arrangement starts, and when the arrangement or employment ends. [2]

For the Restaurant Award arrangement, any reconciliation shortfall must be paid within 14 days after completing reconciliation. [2] If the correction represents ordinary time earnings and the employee is eligible for superannuation, contributions must also be paid on that amount. Underpayments to former employees remain payable. [2]

Use this recommended close-out checklist:

  • Record the trigger, reconciliation period, completion date, outcome and outstanding separate payments. [2][5]
  • Retain the final worksheet and supporting records; add reviewer sign-off to identify who checked the outcome. [5][6]
  • Link correction payroll entries and payment evidence to the worksheet. A calculation alone does not demonstrate payment of the shortfall. [2][5]

Keep salary-setting reviews distinct from reconciliation: review assumptions or rosters when shortfalls recur, and reassess settings when award rates, duties or night/weekend work patterns change. [4][5][7]

References

  1. Annualised wages and salaries – Fair Work Ombudsman (fairwork.gov.au)
  2. Rules about when and how to pay employees [K600699] (fairwork.gov.au)
  3. Paying an “annual salary” – Don’t let a misunderstanding lead to underpayment claims (henrywilliam.com.au)
  4. Annualised Salaries: The Reconciliation Obligation (2026) (scalesuite.com.au, 2026)
  5. Annualised Salary Under Fair Work | Sprintlaw Australia (sprintlaw.com.au)
  6. Annualised Salary Arrangements: Employer Guide In Australia | Sprintlaw (sprintlaw.com.au)
  7. Understanding Annualised Salaries: What Australian Employers Need To Know | Sprintlaw (sprintlaw.com.au)