Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part:
"actual earnings" for a person for a week means the greater of the following amounts:
(a) the weekly amount (if any) that the person is able to earn in suitable work;
(b) the amount (if any) that the person earns for the week (including from allowances other than expense allowances) from any work that is undertaken by the person during the week.
Note 1: Bonuses are excluded from the calculation of actual earnings under section 180.
Note 2: Section 181 sets out some matters that the Commission must have regard to in determining the amount that the person is able to earn under paragraph (a).
(2) Use this table to work out the normal earnings and the normal weekly hours for a person:
Item | For this type of person | normal earnings has the meaning given by... | normal weekly hours means... |
1 | A person who was a Permanent Forces member immediately before last ceasing to be a member | Division 3 | 37.5 hours |
2 | A person who was a continuous full - time Reservist immediately before last ceasing to be a member | Division 4 | (a) if the person has chosen pre - CFTS earnings under section 143--the number of hours worked out under section 150; or (b) otherwise--37.5 hours |
3 | A person who is or was a part - time Reservist to whom section 152 applies | Division 5 | |
4 | A person who is or was a part - time Reservist to whom section 160 applies | Division 6 | 37.5 hours |
5 | A person who is or was a part - time Reservist to whom section 163 applies | Division 7 | 37.5 hours |
6 | A person who is or was a part - time Reservist to whom section 166 applies | Division 8 | (a) if the person has chosen pre - CFTS earnings under section 167--the number of hours worked out under section 174; or (b) otherwise--37.5 hours |
7 | A former cadet or declared member | the regulations (see Division 9) | the number of hours worked out under the regulations (see Division 9) |
Note 1: If a person's normal earnings are less than the relevant minimum wage set by a national minimum wage order, then the person's normal earnings are instead the relevant minimum wage (see section 179).
Note 2: Certain amounts (such as bonuses) are excluded from the calculation of normal earnings under section 180.