sec.75Payments to employers

sec.75 Payments to employers

This section applies if a registered worker has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. This section also applies if a registered worker has died and the registered worker’s personal representative has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. On application by the employer who paid the registered worker’s long service leave entitlement, the authority must pay to the employer an amount calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that was payable for the classification level at the time the long service leave entitlement was paid by the employer. An employer is not entitled to be paid an amount under this section for a period for which retrospective service credits were credited as mentioned in section 69 (2) . An application under subsection (3) must be made— in the approved form; and within— 3 months after the entitlement was paid; or a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid. However, the employer is not entitled to be paid under this section— an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2) ; or an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer. Despite section 50 (1) (a) , for a worker whose name has been removed from the register of workers under that provision, an employer is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker’s name had not been removed. An employer is entitled to be paid for a public holiday that happens during the long service leave taken by a registered worker. In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period. s 75 amd 2009 No. 49 s 21 (sec.75-ssec.1) This section applies if a registered worker has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. (sec.75-ssec.2) This section also applies if a registered worker has died and the registered worker’s personal representative has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry. (sec.75-ssec.3) On application by the employer who paid the registered worker’s long service leave entitlement, the authority must pay to the employer an amount calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that was payable for the classification level at the time the long service leave entitlement was paid by the employer. An employer is not entitled to be paid an amount under this section for a period for which retrospective service credits were credited as mentioned in section 69 (2) . (sec.75-ssec.4) An application under subsection (3) must be made— in the approved form; and within— 3 months after the entitlement was paid; or a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid. (sec.75-ssec.5) However, the employer is not entitled to be paid under this section— an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2) ; or an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer. (sec.75-ssec.6) Despite section 50 (1) (a) , for a worker whose name has been removed from the register of workers under that provision, an employer is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker’s name had not been removed. (sec.75-ssec.7) An employer is entitled to be paid for a public holiday that happens during the long service leave taken by a registered worker. (sec.75-ssec.8) In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period.