Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 64

Meaning of ordinary pay

64. Meaning of ordinary pay



(1) For the purposes of this Division, ordinary pay means the pay an employee
is entitled to receive at the time he or she takes long service leave for
working his or her normal weekly hours at his or her ordinary time rate of
pay.

(2) Ordinary pay includes the cash value of any board or lodging that the
employee receives from his or her employer.

(3) If no ordinary time rate of pay is fixed for an employee's work under the
relevant employment agreement, the employee's ordinary time rate of pay is to
be taken to be the greater of the following-

   (a)  the average weekly rate earned by the employee in the 12 months
        immediately before he or she takes long service leave;

   (b)  the average weekly rate earned by the employee in the 5 years
        immediately before he or she takes long service leave.

(4) If-

   (a)  no normal weekly number of hours of work is fixed for an employee's
        work under the relevant employment agreement; or

   (b)  the normal weekly number of hours is fixed but is changed one or more
        times during the 12 months immediately before the employee takes long
        service leave-

the employee's normal weekly number of hours of work is to be taken to be the
greater of the following-

   (c)  the average weekly number of hours worked by the employee in the 12
        months immediately before he or she takes long service leave;

   (d)  the average weekly number of hours worked by the employee in the 5
        years immediately before he or she takes long service leave.

(5) If an employee defers the taking of his or her long service leave under a
written agreement with his or her employer made at the request of the
employee, the ordinary time rate of pay that is to be used in calculating the
employee's ordinary pay for the time he or she is on leave is to be the rate
agreed on in the agreement.

(6) The rate agreed on in such an agreement must not be less than the rate to
which the employee is entitled on the date the entitlement to the leave arises
and any provision to the contrary in an agreement is of no effect.

(7) If an employee is-

   (a)  working under a return to work plan (within the meaning of the
        Accident Compensation Act 1985); or

   (b)  absent from work because of a workplace illness or injury and in
        receipt of any benefits from the Victorian WorkCover Authority for
        that illness or injury-

his or her normal weekly hours and ordinary time rate of pay are to be taken
to be the greater of the following-

   (c)  the employee's normal weekly hours and ordinary time rate of pay
        immediately before he or she takes long service leave;

   (d)  the employee's normal weekly hours and ordinary time rate of pay
        immediately before he or she developed the relevant illness or
        suffered the relevant injury.