Salary Review Letter (Australia)
Czym jest Salary Review Letter (Australia)?
A Salary Review Letter in Australia is a legally binding written instrument.
The primary legislation governing salary review practices in Australia is the Fair Work Act 2009 (Cth). Under Part 2-2 of the Fair Work Act 2009, the National Employment Standards (NES) set minimum entitlements for all national system employees, including annual leave loading, personal/carer's leave, and redundancy pay — all of which are calculated by reference to the employee's base rate of pay. Any change to base salary therefore flows through to NES entitlement calculations, making accurate written documentation essential.
The Fair Work Commission conducts an Annual Wage Review each year under Division 3 of Part 2-6 of the Fair Work Act 2009 and sets new minimum wages for Modern Award classifications, taking effect from 1 July. Under Section 45 of the Fair Work Act 2009 (Cth), an employer must not contravene a term of a Modern Award. Employers must ensure that any salary review outcome does not result in an employee's remuneration falling below the applicable Modern Award rate. Failure to pay Award minimums is a contravention of Section 45, and the Fair Work Ombudsman (FWO) can recover unpaid amounts and seek civil penalty orders before the Federal Court of Australia.
The Superannuation Guarantee (Administration) Act 1992 (Cth) requires employers to pay 11.5% of ordinary time earnings (rising to 12% from 1 July 2025) into the employee's chosen superannuation fund. A salary review letter that clearly states the new base salary enables both parties to calculate the updated superannuation contribution with precision. The Australian Taxation Office (ATO) enforces the Superannuation Guarantee and can impose the Superannuation Guarantee Charge under the Superannuation Guarantee Charge Act 1992 (Cth) where contributions are underpaid. Under Section 535 of the Fair Work Act 2009 (Cth), national system employers must keep employee pay records for seven years. Salary data held on the employee's personnel file is personal information under the Privacy Act 1988 (Cth) and must be handled in accordance with the Australian Privacy Principles, including APP 11 (security of personal information). The forms-legal.com Salary Review Letter (Australia) template records all required remuneration details in a compliant, professionally structured format.
Kiedy potrzebujesz Salary Review Letter (Australia)?
A Salary Review Letter should be issued following any formal review of an employee's remuneration in Australia — whether the outcome is a salary increase, a market realignment to address retention risks, or a decision to maintain the current remuneration level with an explanation.
The letter is most important when the employer's employment contract, enterprise agreement, or HR policy requires formal written notification of salary review outcomes. Many employment contracts negotiated in the Australian market contain a clause committing the employer to an annual salary review, and the salary review letter fulfils that contractual obligation by providing written evidence that the review was conducted and its outcome communicated.
A Salary Review Letter is needed when a bonus or incentive payment is being awarded alongside a base salary review, particularly where the employer wishes to record whether the bonus is discretionary (not creating a contractual entitlement to future payments) or contractual (creating an ongoing obligation). The Fair Work Commission has considered the characterisation of bonus payments in multiple unfair dismissal decisions under section 394 of the Fair Work Act 2009, and clear written documentation of the nature of any bonus payment assists employers in defending claims.
The letter is also needed when the employer is conducting a workforce-wide remuneration review — for example, following a merger, business restructure, or the introduction of a new enterprise agreement — and wishes to document each individual employee's outcome separately. A properly documented salary review process demonstrates procedural fairness and reduces the risk of general protections claims under Part 3-1 of the Fair Work Act 2009 (Cth) where employees allege that a salary outcome was influenced by the exercise of a workplace right.
For employees whose remuneration is set by reference to a total remuneration package (base salary plus superannuation plus other benefits), the letter should break out each component clearly so the employee understands exactly how their package is constituted and can verify that their superannuation contributions under the Superannuation Guarantee (Administration) Act 1992 (Cth) are being calculated correctly. The Australian Taxation Office (ATO) requires employers to report salary and superannuation information through Single Touch Payroll (STP) under the Taxation Administration Act 1953 (Cth), and the salary review letter should reflect the figures that will be reported through STP from the effective date of the increase.
Co powinien zawierać Salary Review Letter (Australia)
A thorough and legally compliant Australian Salary Review Letter must include the following elements.
Employer and signatory details: The employer's full legal name, ABN, and business address; and the name, title, and contact details of the authorised signatory — typically the HR manager, Chief People Officer, or the employee's direct manager.
Employee details: The employee's full legal name, job title, classification (including the applicable Modern Award classification if the employee is award-covered), department, and state or territory of employment.
Current remuneration statement: The employee's current annual base salary exclusive of superannuation, expressed in AUD; the current employer superannuation contribution (11.5% of current base salary under the Superannuation Guarantee (Administration) Act 1992 (Cth)); and the current total remuneration package.
New remuneration from effective date: The new annual base salary exclusive of superannuation; the updated employer superannuation contribution (11.5% of the new base salary, noting the legislated increase to 12% from 1 July 2025); the new total remuneration package; and the percentage or dollar increase in base salary.
Effective date: The specific date from which the new remuneration applies — and confirmation of whether the increase is backdated or prospective — to enable accurate PAYG withholding calculations reported through Single Touch Payroll (STP) under the Taxation Administration Act 1953 (Cth). Under Section 12-35 of Schedule 1 to the Taxation Administration Act 1953, employers must report salary and wage information to the ATO through STP on or before each pay day.
Basis for the review decision: A brief explanation of the factors that informed the outcome — performance rating, market benchmarking data, CPI adjustments, length of service, or the Fair Work Commission's Annual Wage Review outcome for award-covered employees.
Bonus or incentive payment details: Where a bonus is being awarded, the amount, payment date, and a clear statement of whether the bonus is discretionary (no contractual right to a future payment) or contractual. The characterisation of bonus payments has been considered in multiple Fair Work Commission decisions under Section 394 of the Fair Work Act 2009 (Cth) in the context of unfair dismissal claims.
Award and NES compliance: Confirmation that the new remuneration meets or exceeds the applicable Modern Award minimum rate for the employee's classification under the Fair Work Act 2009 (Cth) and all NES entitlements under Part 2-2 remain unchanged. Under Section 61 of the Fair Work Act 2009 (Cth), the NES provides for ten minimum employment standards that cannot be reduced by agreement.
Employee acknowledgement: A signature block for the employee to sign and return. The forms-legal.com Salary Review Letter (Australia) template incorporates all these elements in a format consistent with Fair Work Act 2009 (Cth) requirements, suitable for employers across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.
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This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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