Australian Capital Territory Consolidated Acts

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LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 59

Effect of variation of ordinary remuneration

    (1)     This section applies if the governing board fixes an amount under section 57 (5) (b) (the varied amount ) in relation to a worker.

    (2)     The varied amount is taken, for this Act, to be the worker's total ordinary remuneration for building and construction work by the worker for the quarter.

    (3)     The following provisions apply if the varied amount relates to a return under section 45 by an employer of a registered employee:

        (a)     if the varied amount is more than the amount (the returned amount ) shown in the return as the total ordinary remuneration of the employee, the employer must pay to the authority the additional amount payable under section 47 (Determination of levy—employers) for the employee for the quarter;

        (b)     if the varied amount is less than the returned amount, the authority must—

              (i)     if asked by the employer to refund the overpayment of the amount of the levy payable under section 47—refund the amount; or

              (ii)     in any other case—credit the amount against future amounts payable under section 47 by the employer.

    (4)     The following provisions apply if the varied amount relates to a return under section 51 by a registered contractor:

        (a)     if the varied amount is more than the amount (the returned amount ) shown in the return as the total ordinary remuneration of the contractor, the contractor must pay to the authority the additional amount payable under section 53 (Determination of levy—contractors) for the contractor for the quarter;

        (b)     if the varied amount is less than the returned amount, the authority must—

              (i)     if asked by the contractor to refund the overpayment of the amount of the levy payable under section 53—refund the amount; or

              (ii)     in any other case—credit the amount against future amounts payable under section 53 by the contractor.



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