Determination of ordinary weekly pay in certain circumstances
4A Determination of ordinary weekly pay in certain circumstances
If at any time it appears to the Board that a construction worker's ordinary weekly pay calculated in accordance with this Act is—
excessive; or
insufficient, by reason of—
the nature of the work performed by the construction worker at any time material to the calculation; or
the remuneration that was payable to the construction worker in respect of any work performed by him or her at any time material to the calculation, the Board may, by notice in writing to the construction worker and the construction worker's employer (if any), inform the construction worker (or his or her personal representative) and the employer that the Board proposes to determine the construction worker's ordinary weekly pay under this Act to be a different amount.
A notice under subsection (1) must specify a time within which the construction worker (or his or her representative) and the employer may make written submissions to the Board that the construction worker's ordinary weekly pay should be an amount different to the amount proposed by the
Board.
In making a determination under this section the Board must take into account any written submission received within the time specified under subsection (2) and may otherwise inform itself in such manner as it thinks fit, but except as provided by this section the Board is not required to give to any person notice of or an opportunity to answer or to be heard in relation to any matter taken into account by the Board in making the determination.
The Board must cause notice of its determination to be served on the construction worker (or his or her personal representative) and on the construction worker's employer (if any).
The notice must include a statement of the grounds upon which the determination has been made.
If the Board makes a determination of a construction worker's ordinary weekly pay under this section, that determination will prevail over any amount that would otherwise constitute the construction worker's ordinary weekly pay under this Act.
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