Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts8. Section 6 of the Principal Act is repealed and the following section substituted:
“6. (1) An employee who takes leave to which he or she is entitled under subsection 4 (1) is entitled to payment from his or her employer of an amount equal to the ordinary remuneration the employee would have received in respect of the period of leave if the employee had not taken leave.
“(2) If, under an award or agreement, an employee is entitled to—
(a) less annual leave than the annual leave to which he or she is entitled under this Act; and
(b) payment of an amount (not being salary or wages) in respect of the taking by the employee of that annual leave;
there is payable to that employee, in addition to the amount payable under subsection (1), an amount calculated in accordance with the following formula:
where—
salary or wages) in respect of the taking of the annual leave;ALACT is the amount of annual leave to which the employee is entitled under this Act;
ALAWAG is the amount of annual leave to which the employee is entitled under the award or agreement.
“(3) In this section—
(a) the salary or wages payable to the employee;
(b) any allowances payable to the employee in respect of skill, qualifications, board and lodging;
(c) any amounts payable to the employee under a bonus, performance pay or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages; and
(d) where the employee is provided with board and lodging by his or her employer, an amount equal to the value of that board and lodging;
(a) payments in respect of overtime;
(b) payments at penalty rates of pay; or
(c) allowances which, by virtue of an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime.
“(4) In respect of a year during which an employee has been remunerated partly by salary or wages and partly by commission, subsection (2) applies as if—
(a) the employee were remunerated wholly by salary or wages throughout that year; and
(b) the amount payable for salary or wages to the employee in respect of a week in that year were the amount calculated by dividing the total amount payable to the employee during that year in respect of—
(i) salary, wages or commission; or
(ii) a combination of salary, wages or commission;
by 52.
“(5) Where, during the whole or part of a year, an employee has been employed on terms providing for remuneration at a specified rate per hour, the employee shall, for the purposes of this section, be deemed to have worked during each week of that year the number of hours calculated by dividing the total number of hours worked by the employee during the year by 52.”.