95CCalculation of specified pay deduction

1. An employer must calculate the amount of a specified pay deduction by—

2. ascertaining, for the employee or group of employees, the usual hours of work for the day of the partial strike (which may be by reference to information contained in the wages and time record, the employment agreement, or a roster or any other document or record used in the normal course of the employee’s employment); and
3. identifying the work that the employee or employees will not be performing because of that strike (which must be by reference to the information contained in the relevant strike notice); and
4. estimating how much time the employee or employees would, but for the strike, have spent performing the work referred to in paragraph (b) on the day of the strike; and
5. calculating the time referred to in paragraph (c) as a percentage of the employee’s or employees’ usual hours of work (as ascertained for the purposes of paragraph (a)).

6. The percentage referred to in subsection (1)(d) is the percentage of the employee’s or employees’ salary or wages that may be deducted.

7. However, despite subsections (1) and (2), an employer may, instead of calculating and applying a deduction in accordance with those provisions, impose a 10% deduction on the salary or wages that are payable to the employee or employees for the period of the partial strike (which must be ascertained by reference to the information contained in the relevant strike notice), regardless of whether the amount of deduction calculated in accordance with subsection (1) would have been more or less than 10%.

8. An employer may calculate and apply a specified pay deduction in respect of a group of employees only if each member of the group performs work of the same, or a similar, nature.