5Meaning of offer of comparable job

5 Meaning of offer of comparable job

(1) For the purposes of this Act, an offer of employment made to an affected employee of a repatriation institution is an offer of a comparable job if: (a) the duties of the offered employment and the affected employee’s employment at the institution are the same or nearly the same; and (b) the salary applicable to the offered employment equals or exceeds 98% of the affected employee’s salary at the institution; and (c) if the affected employee’s employment at the institution is full‑time employment—the offered employment is full‑time employment; and (d) if the affected employee’s employment at the institution is part‑time employment—the offered employment is part‑time employment; and (e) the shift work requirements (if any) of the offered employment and the affected employee’s employment at the institution are the same or nearly the same. (2) For the purposes of this section, the duties and requirements of, and salary applicable to, an affected employee’s employment at a repatriation institution are, if the affected employee is temporarily performing the duties of an office to which he or she has not been appointed, transferred or promoted, to be determined as if the affected employee were not performing, and were not required to perform, those duties. (3) In this section:

salary does not include:

(a) an allowance; or
(b) shift penalty payments or restricted duties adjustment payments; or
(c) fringe benefits within the meaning of the Fringe Benefits Tax Assessment Act 1986.