Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The employing
authority of an employee who voluntarily accepts an offer referred to in
regulation 8(2), or accepts an offer in compliance with a direction made
under regulation 8(3), by resigning his or her office, post or position
shall, in addition to paying any amount payable to that employee under any
relevant award, forthwith pay to that employee —
(a) cash
in lieu of all accrued long service leave of that 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 9 amended in Gazette
24 May 1996 p. 2167.]