Remuneration

1. Remuneration means any wages, remuneration, salary, commission, incentive-based payment, bonus, penalty rate, loading, overtime payment, monetary allowance or shift allowance Under the legislation, unless inconsistent with the context or subject-matter — shift allowance means an allowance or loading paid or payable for shift work or working on public holidays, Saturdays or Sundays (whether at piece work rates or otherwise and whether paid or payable in cash or kind) paid to or in relation to a worker and without limiting the generality of the foregoing, includes but is not limited to the following —
   1. wages, remuneration, salary, commission, an incentive-based payment, bonus, penalty rate, loading, overtime rate, monetary allowance, piece rate, shift allowance (however described and whether paid or payable in cash or in kind) and whether paid by or on behalf of the employer or by a person working in concert with or under an arrangement or understanding (whether formal or informal and whether expressed or implied) with the employer
   2. an amount or payment that, under this Act, is deemed to be remuneration
   3. a fringe benefit
   4. a superannuation benefit, other than a superannuation benefit paid or payable in respect of services performed or rendered by a worker before 1 January 1998
   5. an amount paid or payable by an entity to or in relation to, a director or member of the governing body of that entity for services rendered by that director or member to the entity.
2. "Remuneration" includes an amount that is the fringe benefits taxable amount (within the meaning of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth) in respect of benefits provided by an employer to which section 57, 57A or 58 of that Act applies.
3. "Remuneration" does not include the following —
   1. an amount paid or payable to a person within the meaning of clause 17 engaged by an employer to participate as a contestant in a sporting or athletic activity in respect of the services provided by the person while the person is —
      1. participating as a contestant in that sporting or athletic activity or
      2. engaging in training or preparation with a view to so participating or
      3. travelling between a place of residence and the place at which the person is so participating or so engaged
   2. an amount paid or payable to an apprentice under a training contract made in accordance with a training scheme that is approved by the Victorian Skills Commission under Part 5.5 of the Education and Training Reform Act 2006 if the apprentice or training scheme is or is in a class of apprentices or training schemes declared by the Minister to be, an apprentice or training scheme to which this paragraph applies
   3. an allowance for travel or accommodation paid or payable at a rate in a particular class or class of cases that does not exceed the rate prescribed for that class or classes
   4. an amount that does not exceed the exemption limit in respect of the relevant financial year
   5. any payment of compensation in respect of an injury under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958
   6. in relation to a worker of a class to which an applicable prescribed percentage applies, that applicable prescribed percentage
   7. the exempt component of a motor vehicle allowance paid or payable in respect of a financial year, calculated in accordance with clause 22
   8. an accommodation allowance paid or payable to a worker in respect of a night's absence from the worker's usual place of residence that does not exceed the exempt rate, determined in accordance with clause 23
   9. (i) an amount referred to in clause 10(2).
4. Any wages, remuneration, salary, commission, bonuses or allowances referred to in subclause (1)(a) are deemed to be paid or payable by the employer.
5. A reference to remuneration paid or payable by an employer includes remuneration that is deemed to be paid or payable by the employer.
6. "Paid", in relation to wages, remuneration, salary, commission, bonuses or allowances, includes provided, conferred and assigned.