Document ID: chunk:federal_register_of_legislation:F2017L00415:body:0:p2
Version: federal_register_of_legislation:F2017L00415
Segment Type: other
Provision Reference: 
Character Range: 2569–4934

Rules, the Board must decide the amount the employer is to be reimbursed by calculating that amount in accordance with:
 (a) if the employer made a payment under Part 5A of the Act to an eligible employee – Rule 9 of these Rules; or
 (b) if the employer made a payment under Part 5A of the Act to an eligible employee's legal personal representative. – Rule 10 of these Rules.

 (2) The Board is not required to deal separately with any part of a claim that relates to pre-2012 entitlements and any part of a claim relating to post-2012 entitlements.

9 How is the reimbursable amount for a payment to an eligible employee calculated?

 (1) The reimbursable amount for a payment to an eligible employee is the amount worked out in accordance with the formula:

      LSL paid x eligible wages amount per hour

      where:
LSL paid means the hours (including any part of an hour) of long service leave entitlement paid for by the employer in respect of an eligible employee, not exceeding the hours of long service leave entitlement (including any part of an hour) recorded by the Corporation with respect to that employee, immediately prior to the date of payment by the employer and not including any hours for which a reimbursement has already been made;
eligible wages amount per hour  means the amount per hour of the employee's eligible wages:
 (a) if the employee is employed by the employer at the time the payment is made – immediately before he or she was paid for, or commenced to take, the long service leave, or
 (b) if the employee is not employed by the employer at the time the payment is made – immediately before he or she left their employment with that employer.
 (2) If the amount calculated under subrule (1) is more than the amount actually paid to the eligible employee in respect of the employee's long service leave entitlement, the reimbursable amount is taken to be the amount paid to the eligible employee.

10 How is the reimbursable amount for a payment to a legal personal representative calculated?

  The reimbursable amount for an employer in respect of a payment made by the employer to an eligible employee's legal personal representative under either section 39C or 39CC of the Act is the amount that would have been the reimbursable amount for the employer if the payment had been made to the eligible employee under Rule 9.