Annual Holidays Regulation 2005 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Annual Holidays Act 1944.

Minister for Industrial Relations

1Name of Regulation

This Regulation is the Annual Holidays Regulation 2005.

2Commencement

This Regulation commences on 1 September 2005.

Note—

This Regulation replaces the Annual Holidays Regulation 2000 which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation:

the Act means the Annual Holidays Act 1944.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Calculation of ordinary pay for payment of leave: bonuses

For the purposes of section 2 (6) of the Act, the prescribed annual amount of a worker’s ordinary pay is $144,000.

Note—

The Annual Holidays Act 1944 provides that bonuses paid to workers are to form part of the ordinary pay of a worker for the purposes of payment for annual leave. Section 2 (6) of that 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.

5Saving

The Annual Holidays Regulation 2000, as in force immediately before its repeal, continues to have effect in respect of any entitlement to annual leave that arose before the repeal of the regulation.