Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) If the Minister
arranges for an offer of a suitable office, post or position outside the
Public Sector to be made to a registered employee and the registered employee
accepts that offer by resigning his or her employment, the employing authority
of the registered employee shall, in addition to paying any amount payable to
the registered employee under any relevant award, forthwith pay to the
registered employee —
(a) cash
in lieu of all accrued long service leave of the registered employee
(calculated for each completed year of service) to the extent, if any, not
provided for by that award; and
(b) a
transition payment of an amount —
(i)
determined by the Minister; and
(ii)
not less than the amount of 4 weeks’ pay and not
more than the amount of 12 weeks’ pay.
(2) For the purposes
of subregulation (1)(b), the weekly pay of an employee who, during the
employee’s period of continuous service, worked a different number of
hours in different weeks is to be calculated as follows —
where —
A is the
employee’s weekly pay;
B is the
employee’s full-time weekly pay; and
C is the
employee’s average weekly hours expressed as a percentage of the
employee’s potential full-time weekly hours.
(3)
In subregulation (1)(b) pay means pay, as defined in
regulation 3(1), at the time of acceptance of the offer, except that it
also includes —
(a) any
allowance of the following kinds that has been paid continuously for the
preceding 12 months —
(i)
an allowance for temporarily undertaking duties other
than those of the substantive office, post or position of the relevant
employee; and
(ii)
a higher duties allowance;
and
(b) a
shift allowance which is paid on a regular basis including during periods of
annual leave.
(4) Notwithstanding
the provisions of this regulation, an employee in respect of whom all or some
of the conditions of service are determined pursuant to a Commonwealth award
is not entitled to the payments provided for by this regulation.
(5) An employee
mentioned in subregulation (4) is entitled to such payments as are
determined by the Minister being an amount not greater than the amount that
would be payable under this regulation to the employee if none of his or her
conditions of employment were covered by a Commonwealth award.
[Regulation 19 amended in Gazette
24 May 1996 p. 2168.]