Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:4:p1
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 20030–22664

4         If the information recorded in the person's CRS data does not record the number of hours the person worked at an ADE in the eligible period, or that information is insufficient to determine those hours - the hours shown in the applicable BSWATR as determined by paragraph 3.08(2)(d)

If none of the evidence mentioned in the table in subsection (2) is available for the eligible period, the number of hours worked by the person in that period is the average of the hours worked on 20 September and 20 March in the financial year (or if that day is not a business day, the next business day) in which the period occurs by employees who were paid under a BSWAT assessment at the ADE at which the person was employed, having regard to the evidence that is available to the Secretary.
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                 1. Step 3—Determine the BSWATR assessed rate for each eligible period
For each eligible period, the BSWATR assessed rate is:
if the national minimum wage was increased after the date of the applicable BSWATR in the relevant financial year—the assessed wage shown in the applicable BSWATR as adjusted for the national minimum wage increase from the date of that increase;
if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed and a BSWAT assessment was never completed in relation to the person—the average BSWATR assessed rate specified in the applicable training wage determination made under Part 5;
if there is insufficient evidence to determine the person's BSWATR or the BSWATR is otherwise not available for the eligible period and there is not a BSWATR that applies to the person's employment at the ADE in another eligible period between 1 January 2004 and 31 January 2015 – the average BSWATR assessed rate determined under section 3.24, for the ADE in which the person was employed during the relevant financial year; or
in all other cases – the assessed wage shown in the applicable BSWATR.
The applicable BSWATR for a person for an eligible period is:
if there is one BSWATR for the person which is applicable to all of the days in the eligible period—that BSWATR;
if there is more than one BSWATR applicable to an eligible period—the BSWATR which shows the highest assessed wage;
if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed, and a BSWAT assessment was ultimately completed in relation to the person—the BSWATR which records the