Payment for commission
99 Payment for commission
If an employee is entitled to receive an amount representing commission in the employee’s long service leave payment, the employer must pay the default average commission.
Subsection (1) does not apply if—
a relevant industrial instrument, a federal award or federal agreement that applies to the employee, or a contract between the employer and employee otherwise provides; or
the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.
If, on application under subsection (2)(b), the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.
In this section—
default average commission means the commission worked out using the following formula—
where—
C means the total commission payable to the employee in the 1 year before the leave is taken.
DAC means the default average commission.
W means the number of weeks leave for which payment is being made.
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