Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:3:p1
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 3 (pt 1/7)
Character Range: 23921–26846

3     (a) apply to one or more eligible periods, other than the relevant eligible period, during the period between 1 January 2004 and 31 January 2015; and                 the BSWATR that is closest to the relevant eligible period.
      (b) do not have a date earlier than the relevant eligible period

In making a determination of the payment amount for a person under section 17 of the Act, the Secretary may presume that the person was employed by the relevant ADE and awaiting a BSWAT assessment for a period of 180 days, unless otherwise indicated by evidence.
  *
      +
          o
              -
                 1. Step 4—Work out the person's actual wage for each eligible period
A person's actual wage for an eligible period is the greater of:
the amount the person was paid as determined in Step 1 (section 3.06); and
the amount worked out by multiplying the BSWATR assessed rate determined in Step 3 by the number of hours worked determined in Step 2 (section 3.07).
  *
     1. Working out the productivity-scored wage
          o
              -
                 1. How to work out a person's productivity-scored wage
For subsection 8(5) of the Act, a person's productivity-scored wage is worked out in accordance with the steps set out in this Part.
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, skip Steps 1 to 3 and go straight to Step 4.
  *
      +
          o
              -
                 1. Step 1—Determine the BSWATR award rate
For each eligible period, the BSWATR award rate is:
if the national minimum wage was increased after the date of the applicable BSWATR in the relevant eligible financial year—the hourly award rate shown in the applicable BSWATR as adjusted for the national minimum wage increase from the date of that increase; or
in all other cases—the hourly award rate shown in the applicable BSWATR.
  *
      +
          o
              -
                 1. Step 2—Determine the BSWATR productivity component percentage for each eligible period
For each eligible period, the BSWATR productivity component percentage is the productivity score (expressed as a percentage) shown in the applicable BSWATR.
  *
      +
          o
              -
                 1. Step 3—Work out the person's productivity-scored rate for the eligible period
The person's productivity-scored rate for the eligible period is determined by multiplying the rate determined in Step 1 (section 3.11) by the percentage determined in Step 2 (section 3.12).
  *
      +
          o
              -
                 1. Step 4—Work out the person's productivity-scored wage for each eligible period
For each eligible period, the productivity-scored wage of the person is the amount worked out by multiplying: