Section 333A — Fair Work Act 2009 (Cth)

If:

(a) an employer, or a person who may become an employer, gives to another person an undertaking that would have been a guarantee of annual earnings if the other person had been the employer’s or person’s employee; and

(b) the other person subsequently becomes the employer’s or person’s employee; and

(c) the undertaking relates to the work that the other person performs for the employer or person;

this Division applies in relation to the undertaking, after the other person becomes the employer’s or person’s employee, as if the other person had been the employer’s or person’s employee at the time the undertaking was given.

Related sections

• s 331 — Guaranteed period
• s 332 — Earnings
• s 333 — High income threshold
• s 333B — Employees not subject to pay secrecy
• s 333C — Pay secrecy terms to have no effect
• s 333D — Prohibition on pay secrecy terms

Research how courts apply s 333A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.