Determination of ordinary weekly pay in certain circumstances
4 Determination of ordinary weekly pay in certain circumstances
If at any time it appears to the industry board for a designated sector that a designated 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 designated worker at any time material to the calculation; or
the remuneration that was payable to the designated worker in respect of any work performed by the designated worker at any time material to the calculation, the board may, by written notice to the designated worker and the designated worker's employer (if any), inform the designated worker (or their personal representative) and the employer that the board proposes to determine the designated 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 designated worker (or their representative) and the employer may make written submissions to the industry board that the designated worker's ordinary weekly pay should be an amount different to the amount proposed by the board.
In making a determination under this section an industry 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 an industry 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.
An industry board must cause notice of its determination under this section to be served on the designated worker (or their personal representative) and on the designated worker's employer (if any).
The notice must include a statement of the grounds on which the determination has been made.
If an industry board makes a determination of a designated worker's ordinary weekly pay under this section, that determination will prevail over any amount that would otherwise constitute the designated worker's ordinary weekly pay under this Act.
This Act’s bill:Second reading speech
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