Annual Holidays Regulation 2016 (NSW)

1Name of Regulation

This Regulation is the Annual Holidays Regulation 2016.

2Commencement

This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Annual Holidays Regulation 2011, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation, the Act means the Annual Holidays Act 1944.

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.

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 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 annual leave. Section 2 (6) 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.

4A

(Repealed)

5Savings

Any act, matter or thing that, immediately before the repeal of the Annual Holidays Regulation 2011, had effect under that Regulation continues to have effect under this Regulation.