Electricity Amendment Regulation (No. 1) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 313 Electricity Act 1976 ELECTRICITY AMENDMENT REGULATION (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s.8 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new ss.120A–120B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 120A References to “calendar” days etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 120B Calculation at a “proportionate rate” . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of s.121 (Entitlement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 121 Entitlement to long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Replacement of s.123 (Rate of long service leave) . . . . . . . . . . . . . . . . . . . 5 123 Calculation of long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of s.124 (Maximum and minimum periods) . . . . . . . . . . . . . . 5 124 Minimum period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Replacement of s.125 (Certain absences without pay not to count as service for long service leave purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 125 Which periods of absence without pay count as “service” . . . . . . . 5 10 Insertion of new s.126A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 126A Public holidays occurring during long service leave . . . . . . . . . . . . 6 11 Amendment of s.127 (Illness during long service leave) . . . . . . . . . . . . . . . 6

2 Electricity Amendment (No. 1) No. 313, 1992 12 Replacement of s.128 (Payment of cash equivalent of long service leave) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 128 Payment of cash equivalent of long service leave . . . . . . . . . . . . . . 7 13 Amendment of s.130 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Insertion of new s.130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 130A Calculation at a “proportionate rate” . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Amendment of s.131 (Allowance payable to an employee supporting a dependent spouse, de facto spouse or child) . . . . . . . . . . . . . . 9 16 Amendment of s.132 (Allowances payable to other employees) . . . . . . . . . 9 17 Replacement of s.133 (Allowances payable to husband and wife or persons living in a de facto relationship) . . . . . . . . . . . . . . . . . . . . . . . . . 10 133 Allowances payable if both spouses are entitled . . . . . . . . . . . . . . . 10

3 Electricity Amendment (No. 1) No. 313, 1992 ˙ Short title 1. This regulation may be cited as the Electricity Amendment Regulation (No. 1) 1992 . ˙ Amended regulation 2. The Electricity Regulation 1989 is amended as set out in this regulation. ˙ Commencement 3. This regulation commences on the day that section 11 of the ElectricityAmendment Act 1991 commences. ˙ Amendment of s.8 (Definitions) 4. Section 8— insert— ‘ “medical practitioner” has the meaning given by the Medical Act 1939 ; ’. ˙ Insertion of new ss.120A–120B 5. After the heading to Part 14— insert— ˙ ‘References to “calendar” days etc. ‘120A. A reference in this Part, in relation to an employee, to a period of time in terms of a number of “calendar” days or other units of time, is a reference to that number of consecutive days or other units, irrespective of the number of the days or other units that the employee is or was scheduled to work. ˙ ‘Calculation at a “proportionate rate” ‘120B. A reference in this Part to the calculation of an amount of a thing at a “proportionate rate” for a part-time employee, is a reference to the amount obtained as follows—

4 Electricity Amendment (No. 1) No. 313, 1992 amount= (F X P) 36.25 where— “F” is the amount of the thing that applies to a full-time employee; “P” is the number of hours per week that the part-time employee is scheduled to work. ’. ˙ Replacement of s.121 (Entitlement) 6. Section 121— omit, insert— ˙ ‘Entitlement to long service leave ‘121.(1) A person employed full-time or part-time in the electricity supply industry is entitled to long service leave under this Part if— (a) the person has completed at least 10 calendar years’ continuous service; or (b) the person— (i) dies; or (ii) resigns on or after reaching 55; or (iii) subject to subsection (2)—resigns through ill-health before reaching 55; and has completed at least 5 calendar years’ continuous service ending at the time of the person’s death or resignation. ‘(2) A person who resigns through ill-health before reaching 55 is not entitled to long service leave under this Part unless the person gives to the employer a certificate, from an appropriate medical practitioner, stating the person is unable to continue in the person’s present employment. ‘(3) In subsection (2)— “appropriate medical practitioner” means a medical practitioner who the employer is satisfied has the appropriate expertise to determine whether or not the person is able to continue in the person’s present employment. ’.

5 Electricity Amendment (No. 1) No. 313, 1992 ˙ Replacement of s.123 (Rate of long service leave) 7. Section 123— omit, insert— ˙ ‘Calculation of long service leave ‘123. Long service leave is calculated— (a) for a full-time employee—at the rate of 1.3 weeks on full pay for each calendar year of the employee’s continuous service; and (b) for a part-time employee—at a proportionate rate. ’. ˙ Replacement of s.124 (Maximum and minimum periods) 8. Section 124— omit, insert— ˙ ‘Minimum period ‘124. The minimum period of long service leave that may be granted at one time is 2 calendar weeks. ’. ˙ Replacement of s.125 (Certain absences without pay not to count as service for long service leave purposes) 9. Section 125— omit, insert— ˙ ‘Which periods of absence without pay count as “service” ‘125. For the purposes of this Part, an employee’s period of “service” does not include a period for which the employee is absent without pay, other than— (a) a period of not more than 3 calendar months during which the employee is absent on sick leave without pay; and (b) a period during which the employee receives payment under the Workers’ Compensation Act 1990 in respect of an injury suffered by the employee; and (c) a period of leave without pay of not more than 2 calendar weeks,

6 Electricity Amendment (No. 1) No. 313, 1992 other than sick leave, granted by the employer; and (d) any other period of leave without pay that the employer has approved for inclusion in the employee’s period of service for the purposes of this Part. ’. ˙ Insertion of new s.126A 10. After section 126— insert— ˙ ‘Public holidays occurring during long service leave ‘126A. If— (a) a public holiday occurs on a day that an employee is absent on long service leave; and (b) the employee is usually scheduled to work on that day; a day is added to the period of the leave. ’. ˙ Amendment of s.127 (Illness during long service leave) 11.(1) Section 127 (before subsection (1))— insert— ‘(1A) This section applies despite section 124 but subject to section 126. ’. (2) Section 127(1)(i)— omit ‘ registered ’. (3) Section 127(1)(ii)— omit ‘ of at least one full week’s duration ’, insert ‘ at least 1 calendar week ’. (4) Section 127(3)— omit, insert— ‘(3) The amount of sick leave granted instead of long service leave under subsection (1) (the “adjusted period” ) is the period for which the

7 Electricity Amendment (No. 1) No. 313, 1992 employee would have been absent on sick leave had the employee not been absent on long service leave. ‘(4) Subject to subsection (5), if an employee is granted an amount of sick leave under subsection (1)— (a) the day that the employee is to resume duties after the long service leave is not affected; and (b) the adjusted period is added to the employee’s entitlement to long service leave. ‘(5) The employee may, as soon as is practicable after being granted an amount of sick leave under subsection (1), request the employer for an extension of the period for which the employee is currently absent on long service leave. ‘(6) If the employer agrees to the request— (a) the period for which the employee is currently absent on long service leave is extended by the adjusted period; and (b) the employee’s entitlement to long service leave is not affected. ’. ˙ Replacement of s.128 (Payment of cash equivalent of long service leave) 12. Section 128— omit, insert— ˙ ‘Payment of cash equivalent of long service leave ‘128.(1) In this section— “dependant” of an employee means a person who is wholly or substantially dependent on the earnings of the employee; “last day” means the day that an employee’s employment finishes. ‘(2) If— (a) an employee’s employment finishes; and (b) the employee is entitled on the last day to a period of long service leave; the employer must make a payment under this section instead of granting

8 Electricity Amendment (No. 1) No. 313, 1992 the employee the period of long service leave. ‘(3) The amount of the payment is— DR X LSL where— “DR” is the employee’s daily rate; “LSL” is the number of days of long service leave to which the employee is entitled on the employee’s last day, including any further long service leave to which the employee would be entitled under section 126A if the employee were to take, immediately after the employee’s last day, all of the long service leave to which the employee is entitled. ‘(4) If the employee has not died, the employer must pay the amount to the employee on the last day. ‘(5) If the employee has died, the employer must pay the amount as soon as is practicable— (a) if the employer is satisfied as to which persons (if any) are the employee’s dependants—to those persons; or (b) in any other case—to the employee’s personal representative. ’. ˙ Amendment of s.130 (Definitions) 13.(1) Section 130 (definition “employee” )— omit ‘ full-time ’, insert ‘ part-time or full-time ’. (2) Section 130— insert— ‘ “spouse” includes a de facto spouse; ’. ˙ Insertion of new s.130A 14. After section 130— insert—

9 Electricity Amendment (No. 1) No. 313, 1992 ˙ ‘Calculation at a “proportionate rate” ‘130A. A reference in this Part to the calculation of an amount of a thing at a “proportionate rate” for a part-time employee, is a reference to the amount obtained as follows— amount= (F X P) 36.25 where— “F” is the amount of the thing that applies to a full-time employee; “P” is the number of hours per week that the part-time employee is scheduled to work. ’. ˙ Amendment of s.131 (Allowance payable to an employee supporting a dependent spouse, de facto spouse or child) 15.(1) Heading to section 131 — omit, insert— ‘Allowance payable to an employee with a dependent spouse or dependent child’. (2) Section 131(1)(b)— omit ‘ , dependent de facto spouse ’. (3) Section 131(2)— omit, insert— ‘(2) The locality allowance is payable— (a) for a full-time employee—at the relevant rate set out in the Schedule; and (b) for a part-time employee—at a proportionate rate. ’. ˙ Amendment of s.132 (Allowances payable to other employees) 16.(1) Section 132(1)— omit ‘ supporting a spouse, de facto spouse or child ’, insert ‘ who has a dependent spouse or dependent child ’.

10 Electricity Amendment (No. 1) No. 313, 1992 (2) Section 132(2)— omit, insert— ‘(2) The locality allowance is payable— (a) for a full-time employee—at 1 / 2 of the relevant rate set out in the Schedule; and (b) for a part-time employee—at a proportionate rate. ’. (3) Section 132(3)— omit ‘ supporting a spouse, de facto spouse or child ’, insert ‘ who has a dependent spouse or dependent child ’. ˙ Replacement of s.133 (Allowances payable to husband and wife or persons living in a de facto relationship) 17. Section 133 — omit, insert— ˙ ‘Allowances payable if both spouses are entitled ‘133.(1) This section applies in relation to an employee who— (a) is entitled to be paid a locality allowance under this Part; and (b) has a spouse who— (i) is also entitled to be paid a locality allowance under this Part; or (ii) is employed by the State or a State instrumentality under an Act under which the spouse is also entitled to be paid a locality allowance. ‘(2) The locality allowance is payable— (a) for a full-time employee—at 1 / 2 of the relevant rate set out in the Schedule; and (b) for a part-time employee—at a proportionate rate. ‘(3) It is not relevant for the purposes of this section whether the employee has a dependent child. ’.

11 Electricity Amendment (No. 1) No. 313, 1992 ENDNOTES 1. Made by the Governor in Council on 15 October 1992. 2. Notified in the Gazette on 16 October 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Queensland Electricity Commission. The State of Queensland 1992