Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"award" means an award, order, industrial agreement or common rule declaration in force at the time of the employment of the employee under the Workplace Relations Act 1996 of the Commonwealth.
"employee" means a person to whom this Act applies who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract is express or implied, oral or in writing, on salary, wages or piecework rates or as a member of a butty gang, full-time or part-time, or casual, or as an outworker.
"pay", in relation to an employee, means the pay, salary, wages or remuneration in respect of his or her employment.
"public holiday" means a day to be observed as a public holiday under the Public Holidays Act 1981 .
(2) A reference in this Act to an employee's pay shall be read as including a reference to:
(a) an over-award payment, industry, leading hand, skill or qualification allowance or service grant;
(b) any amounts payable to the employee under a bonus or incentive scheme, being amounts that are usually paid to the employee with his or her pay;
(c) if the employee is provided with free board or lodging by the employer – an amount equal to the value of that board or lodging fixed by or under the terms of employment or, if not so fixed, $15 per week for board or $5 per week for lodging; and
(d) any allowance of a specified kind prescribed by the Regulations to be included in an employee's pay for the purposes of this Act or a provision of this Act,
but not including a reference to district allowance, site allowance, climatic allowance or any other allowance or payment in respect of overtime or penalty rates of pay.
(3) For the purposes of this Act, the fact that:
(a) some or all of an employee's pay consists of a share of the earnings of the employer; or
(b) a vehicle, vessel, machine, tool or other article for the performance of his or her work is obtained by the employee under a contract of hire in consideration of the payment of a fixed sum or a share of the earnings of the employer, or otherwise,
does not in itself prevent the person from being regarded as an employee.
(4) For the purpose of calculating an employee's rate of pay where, during a year, an employee is remunerated partly by pay and partly by commission, the total of the pay and the commission payable to the employee during the year shall be added together.
(5) Where, by a provision of a law that governs an award applying to an employee in the Territory, a person is deemed, for the purposes of that law, to be the employer of another person, the person so deemed to be an employer shall, for the purposes of this Act, be deemed to be an employer of that other person.
(6) Nothing in this Act:
(a) entitles an employee to be paid, or requires an employer to pay, more than one payment of the amount, or part of the amount, payable under section 11 for or in lieu of the entitlement of the employee to long service leave; or
(b) entitles an employee to take, or requires an employer to grant, a period of long service leave of more than 1.3 weeks for each completed year of continuous service.