Commonwealth Numbered Regulations

1994 No. 386 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) - REG 6

6.1 After regulation 30D, insert in Division 1: Formula for annual indexation
of certain amounts

"30DA. (1) For the purposes of section 170EI of the Act, this regulation sets
out a formula for the annual indexation of each of the following amounts (the
'indexable amounts'):

   (a)  the amount stated in paragraph 170CD (2) (a) of the Act;

   (b)  the amount stated in paragraph 170EE (4) (a) of the Act.



"(2) In this regulation:
'base weekly earnings average' means the last amount published by the
Australian Statistician before 1 July 1994 as an estimate (other than a
preliminary estimate) of the average total weekly earnings (seasonally
adjusted) of all employees in Australia for a particular month;
'current weekly earnings average', in relation to an indexation day, means the
last amount published by the Australian Statistician before that day as an
estimate (other than a preliminary estimate) of the average total weekly
earnings (seasonally adjusted) of all employees in Australia for a particular
month;
'indexation day' means 1 July 1995 or 1 July in a later year;
'indexation factor', in relation to an indexation day, means the number worked
out to 3 decimal places using the following formula:
current weekly earnings average in relation to that indexation day
base weekly earnings average



"(3) If at any time (whether before or after the commencement of this
regulation) the Australian Statistician publishes an estimate of the average
total weekly earnings (seasonally adjusted) of all employees in Australia for
a particular month in substitution for such an estimate (other than a
preliminary estimate) previously published by the Australian Statistician for
that month, the publication of the later estimate is to be disregarded for the
purposes of this regulation.



"(4) Subject to subregulation (5), if on any indexation day the indexation
factor is greater than 1, then, on and after that day, until a later
application of this subregulation, each indexable amount is taken to be
replaced by the amount worked out by multiplying the indexable amount by the
indexation factor.

"(5) If an amount worked out under subregulation (4) is not a multiple of
$100:

   (a)  if the amount is not a multiple of $50-it is to be rounded up or down
        to the nearest amount that is a multiple of $100; or

   (b)  if the amount is a multiple of $50-it is to be rounded up to the next
        highest amount that is a multiple of $100.".