Superannuation Guarantee (Administration) Amendment (Jobkeeper Payment) Regulations 2020 (F2020L00655)

Schedule 1   Amendments

Superannuation Guarantee (Administration) Regulations 2018

1   After section 12

Insert:

12A Certain salary or wages excluded - amounts paid to satisfy jobkeeper wage condition

Scope

(1) This section applies in relation to jobkeeper fortnights beginning on or after 30 March 2020.

Excluded salary or wages

(2) For the purposes of paragraph 27(1)(e) of the Act, salary or wages paid by an employer to an employee in respect of a jobkeeper fortnight are prescribed to the extent (if any) that:

(a) the amount of the salary or wages exceeds the amount of salary or wages the employer is required to pay the employee in respect of the fortnight in relation to the performance of work (including the taking of leave); and

(b) the excess is reasonably attributable to amounts paid by the employer to the employee for the purpose of satisfying the wage condition in respect of the employee for the fortnight.

(3) In addition to subsection (2), for the purposes of paragraph 27(1)(e), if:

(a) an amount greater than nil (the remaining amount ) remains after reducing the salary or wages the employer pays to the employee in a calendar month by so much of those salary or wages as are prescribed under subsection (2); and

(b) the remaining amount is less than $450;

then the salary or wages consisting of the remaining amount for the calendar month are also prescribed.

Definitions

(4) In this section:

jobkeeper fortnight has the same meaning as in the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020.

wage condition means the wage condition set out in the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020.