Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p24
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 24/32)
Character Range: 108180–110751

that period that the employee was not on leave without full pay—the actual piece rates received by the employee; and
 (b) for the days that the employee was on leave without full pay—an amount worked out using the formula:

is an amount for subparagraph 382(b)(iii) of the Act.
 (5) If the person was continuously employed by the employer for a period of less than 12 months immediately before the dismissal, the total amount of piece rates worked out using the formula:

is an amount for subparagraph 382(b)(iii) of the Act.

Benefits other than payment of money
 (6) If:
 (a) the person is entitled to receive, or has received, a benefit in accordance with an agreement between the person and the person's employer; and
 (b) the benefit is not an entitlement to a payment of money and is not a non‑monetary benefit within the meaning of subsection 332(3) of the Act; and
 (c) the FWC is satisfied, having regard to the circumstances, that:
 (i) it should consider the benefit for the purpose of assessing whether the high income threshold applies to a person at the time of the dismissal; and
 (ii) a reasonable money value of the benefit has not been agreed by the person and the employer; and
 (iii) the FWC can estimate a real or notional money value of the benefit;
the real or notional money value of the benefit estimated by the FWC is an amount for subparagraph 382(b)(iii) of the Act.

Division 4—Remedies for unfair dismissal

3.06  Remedy—compensation (amount taken to have been received by the employee)
  For paragraph 392(6)(b) of the Act:
 (a) an employee who was on leave without pay for any part of a period is taken to have received the remuneration that the employee would ordinarily have received during the period of leave if the employee had not been on leave without pay; and
 (b) an employee who was on leave without full pay for any part of a period is taken to have received the remuneration that the employee would ordinarily have received during the period of leave if the employee had not been on leave without full pay.

Division 5—Procedural matters

3.07  Application fees
 (1) For subsection 395(2) of the Act, this regulation sets out matters relating to a fee for making an application to the FWC under Division 5 of Part 3‑2 of the Act.

Fee at commencement of Regulations
 (2) If the application is made in the financial year starting on 1 July 2009, the fee is $59.50.

Method for indexing the fee
 (3) If the application is made in a financial year starting on 1 July 2010, or 1 July in a later year (the application year), the