Australian Capital Territory Consolidated Acts

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LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 57

Review of ordinary remuneration by governing board

    (1)     This section applies if the governing board considers that the total ordinary remuneration for a worker stated in a return given to the authority under section 45 (Quarterly returns by employers) or section 51 (Quarterly returns by contractors) for a quarter is insufficient or excessive because of the nature of the building and construction work carried out by the worker in the quarter.

    (2)     The governing board must give the following people a notice that summarises the person's rights under subsection (3):

        (a)     for a return under section 45—the employer who submitted the return and the employee;

        (b)     for a return under section 51—the contractor.

    (3)     A person mentioned in subsection (2) (a) or (b) may, not later than 1 month after being given the notice, by written statement to the governing board, ask the board to—

        (a)     take into account any matter set out in the statement; and

        (b)     arrange for the person to appear before the board (including by a representative) and make representations about the matter.

    (4)     If asked under subsection (3) (b), the governing board must arrange for the person to appear before the governing board as soon as practicable.

    (5)     After considering any statement and representations under subsection (3), the governing board may—

        (a)     agree that the total ordinary remuneration stated in the return for the quarter is reasonable; or

        (b)     fix another amount as the total ordinary remuneration of the worker for the quarter.



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