MIGRATION REGULATIONS 1994 - REG 2.57A Meaning of earnings

MIGRATION REGULATIONS 1994 - REG 2.57A

  (1)   A person's earnings include:

  (a)   the person's wages; and

  (b)   amounts applied or dealt with in any way on the person's behalf or as the person directs; and

  (c)   the agreed money value of non - monetary benefits.

  (2)   However, an employee's earnings do not include the following:

  (a)   payments the amount of which cannot be determined in advance;

  (b)   reimbursements;

  (c)   contributions to a superannuation fund to the extent that they are contributions to which subregulation   (4) applies.

Note:   Some examples of payments covered by paragraph   (a) are commissions, incentive - based payments and bonuses, and overtime (unless the overtime is guaranteed).

  (3)   Non - monetary benefits are benefits other than an entitlement to a payment of money:

  (a)   to which the employee is entitled in return for the performance of work; and

  (b)   for which a reasonable money value has been agreed by the employee and the employer.

  (4)   This subregulation   applies to contributions that the employer makes to a superannuation fund to the extent that 1 or more of the following applies:

  (a)   the employer would have been liable to pay a superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the person if the amounts had not been so contributed;

  (b)   the employer is required to contribute to the fund for the employee's benefit in relation to a defined benefit interest (within the meaning of section   292 - 175 of the Income Tax Assessment Act 1997 ) of the employee;

  (c)   the employer is required to contribute to the fund for the employee's benefit under a law of the Commonwealth, or of a State or a Territory.

Note:   This definition is based on the definition of earnings in section   332 of the Fair Work Act 2009 .