LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018) - SECT 15 Meaning of ordinary pay and ordinary time rate of pay

LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018) - SECT 15

    (1)     For the purposes of this Act, and subject to this section, "ordinary pay"—

(a)means the pay that an employee is entitled to receive on the day on which the employee starts long service leave, calculated on the employee's normal weekly hours at the employee's ordinary time rate of pay; and

        (b)     includes the cash value of any board or lodging that an employee receives from the employee's employer.

    (2)     If an ordinary time rate of pay is not fixed for an employee's work under the relevant employment agreement, the employee's ordinary time rate of pay is the greatest of the following—

        (a)     the average weekly rate earned by the employee in the 52 weeks immediately before the employee starts long service leave;

        (b)     the average weekly rate earned by the employee in the 260 weeks immediately before the employee starts long service leave;

        (c)     the average weekly rate earned by the employee during the employee's period of continuous employment with the employer immediately before the employee starts long service leave.