Business Services Wage Assessment Tool Payment Scheme Amendment Rules (No. 2) 2016 (Cth)

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Business Services Wage Assessment Tool Payment Scheme Amendment Rules

(No. 2) 2016

Business Services Wage Assessment Tool Payment Scheme Act 2015

I, CHRISTIAN PORTER, Minister for Social Services, make these Rules under section 102 of the Business Services Wage Assessment Tool Payment Scheme Act 2015.

Dated: 10 December 2016

The Hon. Christian Porter MP

Minister for Social Services

1

Name of rules

These rules are the Business Services Wage Assessment Tool Payment Scheme Amendment Rules (No. 2) 2016.

2

Commencement

These rules commence on the day after these rules are registered.

3

Schedule

Schedule 1 amends the Business Services Wage Assessment Tool Payment Scheme Rules 2015.

Schedule 1—Amendments

1

Section 1.03

Insert in the appropriate alphabetical location

training wage determinationmeans a determination made under Part 5 of Chapter 3.

2

Section 1.03, definition of average BSWATR assessed rate

Omit the definition, substitute

average BSWATR assessed rate—see section 3.24

3

Section 1.03, definition of child welfare agency

Omit the definition, substitute

child welfare agency—see subsection 8.03(2)

4

After section 3.02(2)

Insert

(3) For the purposes of subsection (2):

  1. (a)

    the evidence that may be used to determine a person's normal pay period is the evidence mentioned in the table; and

  2. (b)

    the evidence in the table is in descending order of priority; and

  3. (c)

    a person making a decision or exercising a power under the Act or these rules is not under any obligation to request information in order to obtain evidence which is higher in the table but may do so.

    Note: The Secretary may request further information under sections 68 and 69 of the Act.

Column 1

Item

Column 2

Prescribed evidence

1

Payslip or other document from the ADE verifying the number of hours worked

2

If the centrelink data records a reporting period used by Centrelink in relation to the person, the information recorded in the person's centrelink data

3

If the centrelink data does not record a reporting period used by Centrelink in relation to the person, and the person's CRS data records information in relation to the interval at which the person is normally paid, the information recorded in the person's CRS data

4

If the information recorded in the person's CRS data does not record information in relation to the interval at which the person is normally paid, and other data records such information, the information recorded in the other data

5

Section 3.05

Omit "an hourly wage"

6

Subsection 3.08(1)

Omit the subsection, substitute

(1) For each eligible period, the BSWATR assessed rate is:

  1. (a)

    if the national minimum wage was increased after the date of the applicable BSWATR in the relevant financial year—the assessed wage shown in the applicable BSWATR as adjusted for the national minimum wage increase from the date of that increase;

  2. (b)

    if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed and a BSWAT assessment was never completed in relation to the person—the average BSWATR assessed rate specified in the applicable training wage determination made under Part 5; or

  3. (c)

    in all other cases—the assessed wage shown in the applicable BSWATR.

7

Paragraph 3.08(2)(c)

Omit the paragraph, substitute

  1. (c)

    if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed, and a BSWAT assessment was ultimately completed in relation to the person—the BSWATR which records the person's first BSWAT assessment.

8

Section 3.08(3)

Omit the subsection, substitute

(3) In making a determination of the payment amount for a person under section 17 of the Act, the Secretary may presume that the person was employed by the relevant ADE and awaiting a BSWAT assessment for a period of 180 days, unless otherwise indicated by evidence.

9

Section 3.10

Omit the section, substitute

3.10How to work out a person's productivity-scored wage

(1) For subsection 8(5) of the Act, a person's productivity-scored wage is worked out in accordance with the steps set out in this Part.

(2) If there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed, and a BSWAT assessment was never completed in relation to the person, skip Steps 1 to 3 and go straight to Step 4.

10

Paragraph 3.11(a)

Insert before the semicolon

"from the date of that increase"

11

Section 3.14

Omit the section, substitute

3.14Step 4—Work out the person's productivity-scored wage for each eligible period

For each eligible period, the productivity-scored wage of the person is the amount worked out by multiplying:

  1. (a)

    if there is a BSWATR applicable to any of the days in the eligible period—the following two amounts:

    1. (i)

      the hours worked determined in accordance with section 3.07; and

    2. (ii)

      the person's productivity-scored rate determined in accordance with section 3.13.

  2. (b)

    if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed and a BSWAT assessment was ultimately completed in relation to the person—the following two amounts:

    1. (i)

      the hours worked determined in accordance with section 3.07; and

    2. (ii)

      the person's productivity-scored rate determined in accordance with section 3.13.

  3. (c)

    if there is no BSWATR applicable to any of the days in the eligible period because the person was paid a training wage while waiting for a BSWAT assessment to be completed and a BSWAT assessment was never completed in relation to the person—the following two amounts:

    1. (i)

      the hours worked determined in accordance with section 3.07; and

    2. (ii)

      the average productivity-scored wage specified in the applicable training wage determination made under Part 5.

12

Section 3.20(1)

Omit the subsection, substitute

  1. (1)

    In order to work out whether the person would be required to pay tax on the before-tax payment amount, and if so, the amount of that tax, all of the following assumptions must be made:

    1. (a)

      that the person is single with no dependents;

    2. (b)

      that the amount that the person earned in the 2015-2016 financial year as recorded in the person's centrelink or CRS data (whichever is higher) is the amount that the person earned in the 2016-2017 financial year;

    3. (c)

      that the amount that the person earned in the 2016-2017 financial year as recorded in the person's centrelink or CRS data (whichever is higher) is the amount that the person earned in the 2017-2018 financial year;

    4. (d)

      that the amount that the person earned in the 2017-2018 financial year as recorded in the person's centrelink or CRS data (whichever is higher) is the amount that the person earned in the 2018-2019 financial year; and

    5. (e)

      that the person is not eligible for the Senior Australians and Pensioners Tax Offset.

13

After section 3.20(1)

Insert

(2) If a person makes an application under the BSWAT scheme on behalf of a deceased person (in accordance with Chapter 10 of these Rules), in order to work out whether the person would be required to pay tax on the before-tax payment amount and, if so, the amount of that tax, it is necessary to determine the tax liability (if any) of the deceased estate.

(3) For the purposes of subsection (2), in order to work out the tax liability (if any) of the deceased estate, the following assumptions must be made:

(a) section 99 of the Income Tax Assessment Act 1936 (ITAA) applies to the deceased estate; and

(b) the deceased estate has not received and will not receive any other income in the income tax year that any payment amount was made to the deceased person under the Act or these rules.

Part 5—Training wage determinations

3.21Purpose

The purpose of this Part is to provide a mechanism for calculation of payment amounts for people who were paid a training wage while waiting for a BSWAT assessment to be completed and in relation to whom a BSWAT assessment was never completed.

3.22Making a training wage determination

  1. (1)

    The Secretary may make a training wage determination which applies to a particular ADE in a particular financial year.

  2. (2)

    A training wage determination must specify:

    1. (a)

      the average BSWATR assessed rate for an ADE in a financial year calculated in accordance with section 3.24;

    2. (b)

      the average BSWATR productivity-scored rate for an ADE in a financial year calculated in accordance with section 3.25.

  3. (3)

    The Secretary must publish training wage determinations made under this Part on the Department's website.

3.23When must the Secretary make a training wage determination

The Secretary must make a training wage determination for an ADE for a financial year if such a determination is required under paragraph 3.08(2)(c) or subsection 3.14(2).

3.24Average BSWATR assessed rate

The Secretary is to determine the average BSWATR assessed rate for an ADE for a financial year by averaging the following amounts:

  1. (a)

    the average assessed wage of all employees at the ADE whose wages were assessed with the BSWAT as at 20 September of the eligible financial year (or the next business day), with wages of employees adjusted for any national minimum wage increase from the date of that increase; and

  2. (b)

    the average assessed wage of all employees at the ADE whose wages were assessed with the BSWAT as at 20 March of the eligible financial year (or the next business day), with wages of employees adjusted for any national minimum wage increase from the date of that increase.

3.25Average BSWATR productivity-scored rate

  1. (1)

    The Secretary is to determine the average BSWATR productivity scored rate for an ADE for a financial year in accordance with this section.

  2. (2)

    First, work out the average BSWATR award rate by averaging the following amounts:

    1. (a)

      the average hourly award rate shown in the applicable BSWATR of all employees at the ADE whose wages were assessed with the BSWAT as at 20 September of the eligible financial year (or the next business day), with rates for employees adjusted for any national minimum wage increase from the date of that increase; and

    2. (b)

      the average hourly award rate shown in the applicable BSWATR of all employees at the ADE whose wages were assessed with the BSWAT as at 20 March of the eligible financial year (or the next business day), with rates for employees adjusted for any national minimum wage increase from the date of that increase.

  3. (3)

    Secondly, work out the average BSWATR productivity component percentage by averaging the following amounts:

    1. (a)

      the average BSWATR productivity score (expressed as a percentage) as shown in the BSWATR of all employees at the ADE whose wages were assessed with the BSWAT as at 20 September of the eligible financial year (or the next business day); and

    2. (b)

      the average BSWATR productivity score (expressed as a percentage) as shown in the BSWATR of all employees at the ADE whose wages were assessed with the BSWAT as at 20 March of the eligible financial year (or the next business day).

  4. (4)

    Finally, multiply the amount obtained in subsection (2) by the amount obtained in subsection (3) to get the average BSWATR productivity scored rate.

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