Commonwealth Consolidated Regulations

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS 1957 - REG 4

         (1)   For the purposes of the Act, salary includes the following allowances:

                (a)    an allowance in respect of the possession of certain qualifications;

               (b)    an allowance in respect of the performance of duties additional to the ordinary duties of an office or position, not being an allowance in respect of the performance of such duties for a temporary period;

                (c)    an allowance in lieu of quarters;

               (d)    an allowance payable to a person as an officer-in-charge;

                (e)    an allowance payable:

                          (i)    to a motor lorry driver under paragraph (a) of clause 1 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;

                         (ii)    to a mail officer in charge of a travelling post office van under clause 1 of the Determination No. 9 of 1928 made by the Public Service Arbitrator, as varied by any subsequent determination;

                        (iii)    to a postal officer under clause 14 of Determination No. 30 of 1926 made by the Public Service Arbitrator, as varied by any subsequent determination;

                        (iv)    under paragraph (c) of Schedule A to Determination No. 22 of 1935 made by the Public Service Arbitrator, as varied by any subsequent determination; or

                         (v)    under clause 14 of Determination No. 36 of 1952 made by the Public Service Arbitrator, as varied by any subsequent determination;

                        for not less than two-thirds of the working time of the recipient in the period of twelve months immediately preceding the date upon which the recipient's long service leave commences or payment is made in lieu of long service leave, as the case may be;

                (f)    an allowance payable to a Commonwealth employee, not being an allowance payable to a fruit inspector (supervising) in lieu of overtime, for the Commonwealth employee's possession of the same qualifications, or compliance with the same conditions, as those specified in the Second Schedule to the Public Service Regulations in respect of the occupant of an office the designation of which is specified in that Schedule and the duties of which the Commonwealth employee is performing; and

               (h)    subject to the next succeeding subregulation, an allowance payable under clause 1 of Determination No. 13 of 1930 made by the Public Service Arbitrator, as varied by subsequent Determinations, to telephonists employed in the operation of the overseas radio telephone service.

      (1A)   The conditions subject to which payments to a person in accordance with the Act are to include amounts payable by way of the allowance referred to in paragraph (h) of the last preceding subregulation are that the person has received the allowance for not less than two-thirds of the person's working time in the twelve months immediately preceding the date upon which the person's long service leave commences or payment is made in lieu of long service leave, as the case may be.

         (2)   For the purpose of the Act, salary includes an allowance, in the succeeding subregulations of this regulation referred to as group incentive allowance , payable to a person employed under the Supply and Development Act 1939-1966 in pursuance of a scheme known as a group incentive scheme.

         (3)   The conditions subject to which payments to a person in accordance with the Act are to include amounts by way of, or in respect of, group incentive allowance are:

                (a)    that the person was employed under the Supply and Development Act 1939-1966 throughout the period of twelve months immediately preceding the date upon which the person's long service leave commences or payment is made in lieu of long service leave, as the case may be; and

               (b)    that the person was not, at any time during that period of twelve months, employed in such a capacity that the person was not a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance.

         (4)   Where the salary of a person employed under the Supply and Development Act 1939-1966 includes group incentive allowance but the person was not paid that allowance at the same rate per week throughout the period of twelve months referred to in subregulation (3), an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:

                (a)    an amount equal to the annual salary of the person excluding any allowances that are to be included in the person's annual salary by virtue of these Regulations;

               (b)    an amount in respect of group incentive allowance equal to the sum of the amounts of the allowance referred to in subregulation (2) payable in pursuance of a group incentive scheme that were paid or are deemed to have been paid to the person each week during the period of twelve months referred to in subregulation (3); and

                (c)    an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is included in the salary of the person by virtue of these Regulations.

         (5)   A person employed under the Supply and Development Act 1939-1966 who was a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance, at a particular rate per week, in respect of a week but was not paid that allowance in respect of that week shall, for the purpose of the application of subregulation (4) in relation to the person, be deemed to have been paid that allowance in respect of that week at the same rate per week.

         (7)   A reference in this regulation to a class of persons employed under the Supply and Development Act 1939-1966 shall be read as a reference to a class of persons so employed that constitutes a group of persons for the purpose of the scheme referred to in subregulation (2) of this regulation.