Annual Holidays Regulation 2021 (NSW)

1Name of Regulation

This Regulation is the Annual Holidays Regulation 2021.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Annual Holidays Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

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.

4Calculating ordinary pay for payment of annual 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, from time to time, in accordance with Chapter 2, regulation 2.13 of the Fair Work Regulations 2009 of the Commonwealth.

Note—

Section 2(6) of the Act provides that, for the purpose of paying annual leave, bonuses do not form part of a worker’s ordinary pay if the worker’s annual ordinary pay exceeds the amount prescribed by the regulations. This clause prescribes that amount.

4A

(Repealed)

cl 4A: Ins 2021 (548), sec 3. Rep 2021 (288), cl 4A(2).

5Repeal and savings(1)

The Annual Holidays Regulation 2016 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Annual Holidays Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Annual Holidays Regulation 2021 (288). LW 18.06.2021. Date of commencement, on publication on LW, cl 2. This Regulation has been amended by this Regulation, cl 4A(2) and as follows—

2021 (548) Annual Holidays Amendment (COVID-19 Prescribed Period) Regulation 2021. LW 24.9.2021. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 4A Ins 2021 (548), sec 3. Rep 2021 (288), cl 4A(2).