Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:10:p1
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 80445–83103

10  Circumstances where part of salary or wages of temporary employee not to be treated as salary
 (1) Where an eligible employee, being a temporary employee, performs prescribed work on a particular day, so much of the salary or wages of the eligible employee as is equal to the amount of the difference between:
 (a) the basic salary of the eligible employee on the particular day; and
 (b) the basic salary that would be payable to the eligible employee on the particular day if the eligible employee had continued to perform, and performed on that day, the work referred to in whichever of subparagraphs 9(2)(a)(i), (ii) and (iii) applies in relation to the eligible employee;
is not to be treated as salary for the purposes of the Act unless:
 (c) the eligible employee has, during the period of 12 months immediately preceding the particular day, continuously performed prescribed work; or
 (d) a certificate specifying a day not later than the particular day has been given under subregulation (3) in respect of the eligible employee.
 (2) Where:
 (a) an eligible employee, being a temporary employee, performs prescribed work on a particular day;
 (b) the eligible employee has:
 (i) during a period of not less than 12 months immediately preceding the particular day; or
 (ii) if a certificate specifying a day not later than the particular day has been given in respect of the eligible employee under subregulation (3)—from and including the day specified in the certificate;
  continuously performed prescribed work; and
 (c) at any time during the relevant period the basic salary of the eligible employee was less than the basic salary that would have been payable at that time to the eligible employee if at that time the eligible employee had been performing the work performed by him or her on the particular day;
so much of the salary or wages of the eligible employee as is equal to the difference between:
 (d) the basic salary of the eligible employee on the particular day; and
 (e) the basic salary that would be payable to the eligible employee on the particular day if the eligible employee had continued to perform, and performed on that day, the prescribed work that the eligible employee performed at the time during the relevant period when the basic salary of the eligible employee was less than the basic salary payable to him or her at any other time during that period;
is not to be treated as salary for the purposes of the Act.
 (3) If the Commissioner is of the opinion that there is a likelihood that, from and including a particular day:
 (a) an eligible employee, being a temporary employee, will perform prescribed work