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This letter is to be used by an employer when offering a guarantee of annual earnings to an employee. Under the Fair Work Act 2009 (FW Act), where an employee has a “guarantee of annual earnings,” that employee becomes a “high income employee” and the modern award covering that employee ceases to apply. As such, a modern award that does not apply to an employee does not provides any entitlements to that employee, such as penalties or overtime rates.
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