Commonwealth Numbered Regulations

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

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.".