1 Name of Regulation
This Regulation is the Long Service Leave Regulation 2016.
2 Commencement
This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Long Service Leave Regulation 2011, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation, the Act means the Long Service Leave Act 1955.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Calculation of ordinary pay for payment of leave: bonuses
For the purposes of section 3 (2C) of the Act, the prescribed annual amount of a worker’s ordinary pay is the greater of the following:(a) $144,000,(b) the amount calculated in accordance with regulation 2.13 of Chapter 2 of the Fair Work Regulations 2009 of the Commonwealth from time to time.Note—The Act provides that bonuses paid to workers are to form part of the ordinary pay of a worker for the purposes of payment for long service leave. Section 3 (2C) of the Act provides that bonuses received by a worker are not to be taken into account if the ordinary annual pay of the worker (excluding bonuses) exceeds the amount prescribed by the regulations. This clause prescribes that amount.
5 Savings
Any act, matter or thing that, immediately before the repeal of the Long Service Leave Regulation 2011, had effect under that Regulation continues to have effect under this Regulation.