What Does “Base Rate of Pay” Really Mean? Fair Work Commission Full Bench Clarifies Allowances, Enterprise Agreements and Award Rates
Semenikow v Express Freighters Australia [2026] FWCFB 229
16 September 2026 | Fair Work Commission Full Bench
A significant new Fair Work Commission Full Bench decision has clarified an issue capable of affecting employees and employers across Australia:
What actually counts as an employee's “base rate of pay” under the Fair Work Act 2009?
The answer may surprise employees who receive allowances, loadings or other additional payments as part of their ordinary remuneration.
In Susha Semenikow v Express Freighters Australia (Operations) Pty Ltd t/as Express Freighters Australia, Australian and International Pilots Association [2026] FWCFB 229, the Full Bench confirmed that a payment can be received during an employee's ordinary working hours and still be excluded from their statutory base rate of pay.