LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO. 99 

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO. 99 
- TABLE OF PROVISIONS

1.   Amendment  
2.   Regulation 4D (Salary to include district allowance)  
3.   New regulation 4DC  


1992 No. 99 LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS
(AMENDMENT)
- REG 1
1.  Amendment


  1.1  The Long Service Leave (Commonwealth Employees) Regulations are amended
as set out in these Regulations.
  (NOTE:  These Regulations commence on gazettal:  see Acts Interpretation Act
1901, s. 48)


1992 No. 99 LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS
(AMENDMENT)
- REG 2
2.  Regulation 4D (Salary to include district allowance)


  2.1  Subregulation 4D (1):
  Omit "sections 20 and 21", substitute "section 20".


1992 No. 99 LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS
(AMENDMENT)
- REG 3
3.  New regulation 4DC


  3.1  After regulation 4DB, insert:
Salary not to include certain payments
  "4DC. (1) For the purposes of the Act:
  (a) shift penalty payments, as defined in this regulation; and
  (b) overtime payments, as so defined; and
  (c) payments in the nature of a restriction, or on-call, allowance;
are not included in salary.
  (2) For the purposes of paragraph (1) (a), a payment is a shift penalty
payment if it:
  (a) does not come within a single overall rate of salary; and
  (b) is in the nature of an allowance or payment that is additional to the
relevant ordinary rate of salary; and
  (c) satisfies the criteria stated in subregulation (3).
  "(3) For the purposes of paragraph (2) (c), the following criteria are
stated:
  (a) the payment is payable because the employee to whom it is payable
undertakes the employee's normal duties:
    (i) outside the hours that are regarded in the
relevant industry as the normal hours of work or the standard hours of work;
or
    (ii) from time to time during those normal hours of
work but as part of a pattern of working hours that are outside those standard
hours of work; and
  (b) the payment is paid:
    (i) to an employee for work that the employee has
in fact undertaken; or
    (ii) to all employees within a class of employees
as a payment in the nature of a commuted allowance or penalty.
  "(4) For the purposes of subparagraph (3) (b) (ii), a payment is a payment
in the nature of a commuted allowance or penalty if it is paid on the basis of
liability to undertake shift work (whether or not shift work is in fact
undertaken to any particular extent, or at all) and instead of additional
payment for shift work in fact undertaken.
  "(5) For the purposes of paragraph (1) (b), a payment is an overtime payment
if it is:
  (a) a payment, however described, for overtime that has been undertaken; or
  (b) a commuted overtime payment to all employees within a class of
employees; or
  (c) a payment to an employee for all of the employee's overtime work
regardless of its length or frequency; or
  (d) any other payment instead of a payment for overtime.".


- NOTES


1992 No. 99*1* LONG SERVICE LEAVE (COMMONWEALTH
EMPLOYEES) REGULATIONS*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 14 April 1992.
*2* Statutory Rules 1957 No. 49 as amended by 1967 No. 100; 1968 No. 74; 1969
Nos. 184 and 195; 1970 No. 124; 1972 Nos. 46 and 131; 1973 No. 86; 1974 No.
17; 1976 Nos. 259 and 267; 1977 Nos. 58, 73, 134 and 155; 1978 Nos. 26, 73,
110, 111 and 269; 1979 Nos. 32 and 121; 1980 Nos. 38, 193, 199 and 262; 1981
Nos. 135, 285, 356 and 374; 1982 Nos. 258, 312 and 313; 1983 No. 218; 1984 No.
193; 1985 No. 181; 1986 No. 113; 1987 Nos. 17 and 211; 1988 Nos. 95, 96, 108
and 356; 1989 Nos. 147 and 271; 1990 No. 327; 1991 Nos. 224, 264 and 325; 1992
No. 56.