38Variation of ordinary remuneration

38 Variation of ordinary remuneration

38 Variation of ordinary remuneration

(1) This section applies if the Corporation fixes an amount under section 37(3)(b) as the total ordinary remuneration of a worker or contractor who is a registered worker for a return period (the varied amount).

(2) If the varied amount is more than the amount stated in the return for the return period (the returned amount), the employer or contractor must pay the Corporation the additional amount payable as the long service leave levy for the worker or contractor for the return period.

(3) If the varied amount is less than the returned amount, the Corporation must—

(a) if asked by the employer or contractor to refund the overpayment of the long service leave levy—refund the overpayment, or

(b) otherwise—credit the overpayment against future amounts payable as a long service leave levy by the employer or contractor.

(4) An employer or contractor who is required under subsection (2) to pay an additional amount must pay the amount within—

(a) 1 month after the day on which the employer or contractor receives notice under section 37 of the Corporation’s decision, or

(b) the additional period determined by the Corporation.

Maximum penalty for subsection (4)—20 penalty units.