South Australian Consolidated Regulations South Australian Consolidated Regulations (1) For the purposes
of section 26(2) of the Act, 2.25 per cent is prescribed.
(2) Pursuant to
section 26(6) of the Act, but without derogating from the
general meaning of "remuneration"—
(a) the
following payments made to or for the benefit of a construction worker will be
taken as constituting remuneration for the purposes of section 26 of the Act:
(i)
any payment related to annual leave (other than a payment
in the nature of an annual leave loading);
(ii)
any payment related to sick leave;
(iii)
any payment related to a day off work for a public
holiday;
(iv)
any payment related to a rostered day off work;
(v)
any industry allowance or tool allowance;
(vi)
any compensation by way of income maintenance paid in
respect of a compensable disability under the
Workers Rehabilitation and Compensation Act 1986 (but not if the period,
or the aggregate of separate periods, for which the compensation has already
been paid exceeds 2 years); and
(b) the
following payments made to or for the benefit of a construction worker will
not be taken as constituting remuneration for the purposes of section 26 of
the Act:
(i)
any payment in the nature of an annual leave loading;
(ii)
any payment in respect of overtime;
(iii)
any payment in the nature of a bonus;
(iv)
any site allowance;
(v)
any payment made on the retirement or retrenchment of the
worker, or in relation to any redundancy, other than for back-pay;
(vi)
any payment in respect of fares or in the nature of a
travelling allowance;
(vii)
any payment that is in the nature of a special rate paid
to the worker on an irregular basis to compensate for occasional disabilities
under which work is performed, other than where the rate is paid during a
period of leave with pay.