Coronavirus Economic Response Package (Payments and Benefits) Higher Rate Determination 2020
6. Employees in respect of whom there ar6. Employees in respect of whom there are no records or incomplete records of hours including where remuneration is not tied to hourly or contracted rates
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6. Employees in respect of whom there are no records or incomplete records of hours including where remuneration is not tied to hourly or contracted rates
(1) Where an employer does not have any record, or has incomplete records, of the identified employee’s total hours of work, paid leave and paid absence on public holidays in the individual’s employment with that entity in the reference period, including where the amounts paid by the employer to an employee or class of employees are by way of salary, wages, commission, bonus or allowances that are not tied to an hourly rate or contracted rate in the reference period, the Commissioner is satisfied that those hours for that class of employees are not readily ascertainable.
(2) If subsection (1) applies and the individual employee within the class referred to in that subsection falls within one or more of the determined specified circumstances in section 7, then the higher rate under section 13 of the Rules will apply to that employee.