CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 4A
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 4A
4A—Determination of ordinary weekly pay in certain circumstances
(1) If at any time it
appears to the Board that a construction worker's ordinary weekly pay
calculated in accordance with this Act is—
(a)
excessive; or
(b)
insufficient,
by reason of—
(c) the
nature of the work performed by the construction worker at any time material
to the calculation; or
(d) 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.
(2) 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.
(3) 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.
(4) 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).
(5) The notice must
include a statement of the grounds upon which the determination has been made.
(6) 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.