The Legal Services Award pay rates are an important part of ensuring fair pay and conditions for employees working in the legal industry. As an employer, it is crucial to understand the minimum wage and pay rates for your staff in order to comply with the law and treat your employees fairly. In this Legal Kitz blog post, we will explore the legal services award pay rates, who is covered by it, the minimum wage, pay rates for different types of employees, and the rights of both employers and employees.
What is the Legal Services Award?
The Legal Services Award is a modern award that sets out minimum pay rates and conditions of employment for employees working in the legal industry in Australia. It is designed to provide a safety net of minimum pay rates and conditions for employees, and to ensure that they are not exploited or underpaid. The award covers a range of roles, including legal clerks, paralegals, legal secretaries, and solicitors.
Who is covered by the Legal Services Award pay rates?
The Legal Services Award covers employees who work in legal practices, including law firms, government agencies, and community legal centres. This includes full-time, part-time, and casual employees, as well as those who work on a contract or commission basis. It is important to note that the award does not cover barristers, who are self-employed and negotiate their own fees.
What is the minimum wage under the Legal Services Award?
The minimum wage under the Legal Services Award depends on the employee’s classification and level of experience. As of September 2021, the minimum weekly wage for a full-time legal clerk is $828.70, while a paralegal can expect a minimum of $901.60 per week. The minimum wage for solicitors varies depending on their level of experience and qualification. It is important to note that these rates may change over time, so it is important to stay up-to-date with any changes to the award.
How does the pay rate change for casuals, part-time and full-time staff?
The pay rates for casual, part-time, and full-time staff are different under the Legal Services Award. Casual employees are entitled to a higher hourly rate of pay to compensate for the lack of guaranteed hours and entitlements such as sick leave and annual leave. Part-time employees are entitled to a pro-rata rate of pay based on their agreed hours of work, while full-time employees are entitled to the full minimum wage for their classification.
Overtime pay rates
Overtime refers to the extra hours an employee works beyond their normal hours of work. For full-time employees, the Legal Services Award states that the ordinary hours of work are 38 hours per week, and any hours worked beyond this will be considered overtime.
Under the Legal Services Award, overtime rates are calculated based on the employee’s hourly base rate. For the first two hours of overtime, employees must be paid at a rate of 150% of their hourly base rate. For any additional hours beyond the initial two, employees must be paid at a rate of 200% of their hourly base rate.
Weekend pay rates
For legal service employees who are required to work on weekends, different pay rates apply. Under the legal services award, weekend rates are calculated based on the employee’s hourly base rate, and the rate varies depending on the day of the week and the time of day.
For example, if an employee works on a Saturday, they must be paid at a rate of 150% of their hourly base rate for the first two hours of work. Any additional hours beyond this initial two must be paid at a rate of 200% of their hourly base rate. For Sunday work, employees must be paid at a rate of 200% of their hourly base rate.
Public holiday pay rates
Under the Legal Services Award, employees who work on a public holiday must be paid at a higher rate than their ordinary rate of pay. Public holiday pay rates are calculated based on the employee’s hourly base rate, and the rate varies depending on the day of the week and the time of day.
For example, if an employee works on a public holiday, they must be paid at a rate of 250% of their hourly base rate for the entire day. If the employee does not work the full day, they must be paid at a rate of 200% of their hourly base rate for the hours worked on that day.
What are employer rights under the Legal Services Award?
Employers have a number of rights under the Legal Services Award, including the right to set work hours and allocate duties, and the right to dismiss employees for valid reasons such as poor performance or misconduct. Employers also have the right to negotiate individual contracts with employees, provided that the terms of the contract do not fall below the minimum standards set out in the award.
What are employee rights under the Legal Services Award?
Employees have a range of rights under the Legal Services Award, including the right to be paid the minimum wage for their classification, the right to access leave entitlements such as sick leave and annual leave, and the right to a safe and healthy working environment. Employees also have the right to be free from discrimination, harassment, and bullying in the workplace.
In summary, the Legal Services Award is an important tool for ensuring fair pay and conditions for employees in the legal industry. Employers should be aware of the minimum wage and pay rates for different types of employees, and should ensure that they comply with the award at all times. Employees should be aware of their rights under the award and should speak up if they feel that their rights are being infringed. By working together, employers and employees can create a fair and productive workplace that benefits everyone.
Legal advice
Knowing your pay rates rights is important because it ensures that you are being paid fairly and can help you make informed decisions about your work and career. It can also protect you from being underpaid or exploited by employers.
If you need any assistance on Sunday pay, or penalty rates, you can always contact Legal Kitz to assist you. To request a FREE 30-minute consultation with one of our highly experienced solicitors, contact us at [email protected] or 1300 988 954. Additionally, you can also check out our sister company – Business Kitz’s Subscriptions, to access our full range of legal, commercial and employment document templates to begin your business with a solid foundation that ensures compliance.