9AEligible employee—whether higher or lower rate applies

#### 9A Eligible employee—whether higher or lower rate applies (1) The higher rate applies to an individual who is an eligible employee of an entity if: (a) the employee’s total hours of work, paid leave and paid absence on public holidays in the individual’s employment with that entity in any reference period for the individual for the entity was 80 hours or more; or (b) the higher rate is taken by subsection (3) to apply to the employee. Otherwise, the lower rate applies to the employee. > Note 1: See the definition of reference period in section 4A. > Note 2: For the amount of the jobkeeper payment, see section 13. (2) If the pay cycle for the employee for the entity is longer than 28 days, a pro‑rata proportion of the total hours of work, paid leave and paid absence on public holidays of the employee in the pay cycle is to be used in applying paragraph (1)(a). Commissioner determination (3) For the purposes of paragraph (1)(b), the higher rate is taken to apply to an eligible employee of an entity if: (a) the Commissioner has determined specified circumstances under subsection (4); and (b) the circumstances apply to the employee. (4) If the Commissioner is satisfied that hours of the kind referred to in paragraph (1)(a) in a period for a class of individuals are not readily ascertainable, the Commissioner may, by legislative instrument, determine specified circumstances in which the higher rate is taken to apply to individuals in the class.