Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:3:p5
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 3 (pt 5/7)
Character Range: 34118–36995

assessment was never completed.
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                 1. Making a training wage determination
The Secretary may make a training wage determination which applies to an ADE in a particular financial year.
A training wage determination must specify:
the average BSWATR assessed rate for an ADE in a financial year calculated in accordance with section 3.24;
the average BSWATR productivity-scored rate for an ADE in a financial year calculated in accordance with section 3.25.
The Secretary must publish training wage determinations made under this Part on the Department's website.
If the Secretary is not satisfied that there is sufficient evidence to make a training wage determination under subsection 3.22(1), the Secretary may decide not to make a training wage determination for an ADE in a particular financial year.
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                 1. When must the Secretary make a training wage determination
The Secretary must make a training wage determination for an ADE for a financial year if such a determination is required under paragraph 3.08(1)(b), 3.08(2)(c), 3.14(b) or 3.14(c) unless the Secretary decides not to do so under subsection 3.22(4).
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                 1. Average BSWATR assessed rate
The Secretary is to determine the average BSWATR assessed rate for an ADE for a financial year by averaging the following amounts:
the average assessed wage of all employees at the ADE whose wages were assessed with the BSWAT as at 20 September of the eligible financial year (or the next business day), having regard to the evidence that is available to the Secretary, with wages of employees adjusted for any national minimum wage increase from the date of that increase; and
the average assessed wage of all employees at the ADE whose wages were assessed with the BSWAT as at 20 March of the eligible financial year (or the next business day), having regard to the evidence that is available to the Secretary, with wages of employees adjusted for any national minimum wage increase from the date of that increase.
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                 1. Average BSWATR productivity-scored rate
The Secretary is to determine the average BSWATR productivity scored rate for an ADE for a financial year in accordance with this section.
First, work out the average BSWATR award rate by averaging the following amounts:
the average hourly award rate shown in the applicable BSWATR of all employees at the ADE whose wages were assessed with the BSWAT as at 20 September of the eligible financial year (or the next business day), having regard to the evidence that is available to the Secretary, with rates for employees adjusted for any national minimum wage increase from the date of that increase; and
the average hourly award rate shown in the