Tasmanian Consolidated Acts

LONG SERVICE LEAVE (CASUAL WHARF EMPLOYEES) ACT 1982 - SECT 4

      (1) For the purposes of this Act, the ordinary pay of an employee is, subject to subsection (3), a sum equivalent to the average weekly earnings of the employee during the period of 12 months ending on the date preceding the date on which –

(a) any long service leave to which he is entitled under this Act is granted to him by the employer; or

(b) a determination with respect to that long service leave is made under section 8 –

      (2) Any sum received by an employee during the period referred to in subsection (1) by way of –

(a) payments for overtime;

(b) payments or allowances for, or in respect of, shift work;

(c) penalty rates; or

(d) other allowances or additions to his wages, excluding travelling allowances –

      (3) Where the ordinary pay of an employee is less than the prescribed sum, that ordinary pay shall be deemed to be a sum equivalent to the prescribed sum.

      (4) In this section, "prescribed sum" means a sum equivalent to 28 times the hourly rate of pay prescribed –

(a) in the case of a casual wharf clerk, in the relevant award made under the Industrial Relations Act 1988 of the Commonwealth; and

(b) in the case of a casual wharf watchman, in the relevant award made under the Industrial Relations Act 1984 and in force for the time being.