Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section affects the basic amount for a person's wages entitlement for his or her employment by an employer if subsection (2), (3) or (4) applies.
When this section affects the basic amount
(2) This subsection applies if:
(a) the governing instrument for the employment provided for a rate of pay at the end of the wages entitlement period for work that the instrument envisaged that the person would do regularly; and
(b) that rate, when expressed as a weekly rate, exceeded the maximum weekly wage rate at the end of that period.
(3) This subsection applies if:
(a) the governing instrument for the employment did not provide for a rate of pay at the end of the wages entitlement period for work that the instrument envisaged that the person would do regularly; and
(b) the person's average weekly wage for that period (see subsection (5)) is greater than the maximum weekly wage at the end of that period.
Note: The condition in paragraph (3)(a) may be met because the governing instrument:
(a) did not provide for a rate described in that paragraph; or
(b) did not envisage that the person would do any particular work regularly.
(4) This subsection applies if:
(a) the Secretary is satisfied that, over the weeks for which the person was employed in the wages entitlement period, there is not a regular pattern of one or both of the following:
(i) hours worked by the person;
(ii) wages to which the person was entitled for work done or leave taken within those weeks; and
(b) the person's average weekly wage for that period (see subsection (5)) is greater than the maximum weekly wage at the end of that period.
(5) For the purposes of paragraphs (3)(b) and (4)(b), the person's average weekly wage for the wages entitlement period is the result of dividing the person's wages entitlement by the number of weeks for which he or she was employed by the employer in that period. That number need not be a whole number.
Effect on basic amount
(6) Work out the basic amount as if the governing instrument for the employment had entitled the person, for each of the weeks for which the employer employed the person in the wages entitlement period, to wages at the maximum weekly wage rate at the end of that period.