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LONG SERVICE LEAVE ACT 1976 - SECT 11 Computation of "ordinary pay"

LONG SERVICE LEAVE ACT 1976 - SECT 11

Computation of "ordinary pay"

(1)  Where, for the purposes of this Act, it is necessary to determine the ordinary pay of an employee for any period in respect of any employment (in this section referred to as "the relevant period" ), that ordinary pay shall, subject to this section, be reckoned as a sum equivalent to the remuneration that he would reasonably be expected to have received in respect of that period from that employment if he had continued throughout that period to have worked therein.
(2)  For the purposes of subsection (1) , the following provisions have effect, namely:
(a) it shall be assumed that, throughout the relevant period, the employee works his normal weekly number of hours of work and does not receive, or become entitled to, any payments by way of overtime or as a consequence of his working in excess of that weekly number of hours;
(b) where the employee is ordinarily employed on any shift or roster system or any other similar system whereby the times at which he is required to attend at his work vary from time to time, it shall be assumed, subject to paragraph (a) , that he continues to be so employed throughout the relevant period;
(c) any payments to which the employee may have become entitled by way of disability allowance shall be disregarded;
(d) subject to paragraph (e) , where the employee is provided with board and lodging by his employer, the cash value thereof shall be regarded as part of his remuneration;
(e) where, because the work done by the employee is in such a locality as to necessitate his sleeping elsewhere than at his genuine place of residence, or because of other special circumstances, board and lodging are provided, or payments in respect thereof are made, by his employer, the value of that board and lodging and the payments made in respect thereof shall be disregarded;
(f) subject to paragraphs (d) and (e) , the value of any meals or refreshments provided for the employee, or any payments made in respect of meals or refreshments taken by him, shall be disregarded;
(g) any payments to which an employee may become entitled in respect of his travelling to or from, or in the course of, his work, or the use of a vehicle for that purpose, shall be disregarded;
(h) any payments that are, or may be, made to an employee at the discretion of his employer by way of bonus shall be disregarded.
(3)  Subject to the provisions of subsection (2) , where the remuneration received by an employee in his employment depends on the results achieved by him, it shall be assumed, for the purposes of subsection (1) , that the rate of his remuneration in that employment for the relevant period is the average rate of the remuneration received by him in that employment during the period of 3 months ending on the commencement of that period.
(4)  Subject to subsections (2) and (3) , where no ordinary rate of remuneration is fixed for an employee's work under the terms of his employment, the rate of his remuneration in that employment for the relevant period shall be taken to be the average rate of his remuneration in that employment during the period of 12 months ending on the commencement of the relevant period.
(5)  Subsections (3) and (4) apply to a part of the remuneration of an employee as if references therein to his remuneration included references to a part of his remuneration.
(6)  Where no normal weekly number of hours of work is fixed for an employee under the terms of his employment, his normal weekly number of hours of work shall, for the purposes of this section, be taken to be the average weekly number of hours worked by him in that employment during the period of 12 months ending on the commencement of the relevant period.
(7)  For the purposes of subsection (2) , a disability allowance is any allowance payable to an employee as a consequence of his working in specified circumstances, being circumstances that involve, or are likely to involve, special danger, hardship, or inconvenience to the employee, but it does not include any such allowance in any case where it is reasonably to be expected that persons engaged in the type of employment in which the employee is ordinarily engaged would be entitled to that allowance for the whole, or the greater portion, of the time in which they are so engaged.
(8)  The cash value of any board or lodging provided for an employee shall be deemed to be that fixed by or under the terms of his employment or, if it is not so fixed, shall be computed at such rate as may be agreed between the employer and employee or determined by the Secretary on the application of either of them.
(9)  In the computation of the ordinary pay of an employee for a period for the purposes of section 9 or for the purposes of section 12 (4) , any variation in the terms of his employment that would have come into effect during that period if he had remained in his employment shall be disregarded.