Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1) (Cth)

Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 20

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Long Service Leave (Commonwealth Employees) Act 1976.

Dated 25 February 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JULIA GILLARD

Minister for Employment and Workplace Relations

Name of Regulations

These Regulations are the Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Long Service Leave (Commonwealth Employees) Regulations 1957

Schedule 1 amends the Long Service Leave (Commonwealth Employees) Regulations 1957.

Transitional

Regulation 5 of the Long Service Leave (Commonwealth Employees) Regulations 1957, as in force before the commencement of these Regulations, continues to have effect in relation to an award, order or agreement affecting long service leave for seamen and maritime employees made before the commencement of these Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 4D (2)

substitute

(2)The district allowance is payable to the person on the condition that during the period of the person’s long service leave:

(a)the person remains in the district in respect of which the allowance is payable; or

(b)if the person is absent from the district, the person’s spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district.

[2] After subregulation 4D (3)

insert

(4)In this regulation:

child, of a person means:

(a)an adopted child, a stepchild or an exnuptial child of the person; or

(b)someone who is a child of the person within the meaning of the Family Law Act 1975.

de facto partner has the meaning given by section 22A of the Acts Interpretation Act 1901.

family, of a person, is taken to include the following members:

(a)a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person;

(b)a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.

[3] Subregulation 4DA (1)

substitute

(1)For subsection 8 (1) of the Act, salary includes an allowance payable to an employee in respect of the employee’s experience as a tradesperson, being experience gained while the person was an employee.

[4] Regulation 5

substitute

Prescribed class of maritime employees

For subsection 15 (1) of the Act, the following classifications of employees are a prescribed class of maritime employees:

(a)deck officers, including:

(i)chief deck officers; and

(ii)first, second, third and fourth mates;

(b)engineer officers, including:

(i)chief, second, third, fourth, fifth and junior engineers; and

(ii)first, second and third electricians;

(c)able and ordinary seafarers;

(d)crew attendants;

(e)lamp trimmers;

(f)storekeepers;

(g)greasers;

(h)motorers;

(i)stokers;

(j)oil burners;

(k)trimmers;

(l)wipers;

(m)boatswains;

(n)engine and boiler operators;

(o)deck workers;

(p)marine stewards, including:

(i)chief, second, extra second, second class, assistant second, third class, cabin, assistant bar and stores stewards; and

(ii)first saloon and second class pantry cooks; and

(iii)security guards; and

(iv)chief saloon, head, second and third waiters; and

(v)bar attendants; and

(vi)storekeepers; and

(vii)linen-keepers; and

(viii)shop, milk bar, printing, first grade, bells, lounge, smokeroom, bedroom chief, captain’s, bridge utility, general utility, engineers’, second grade and assistant smokeroom stewards; and

(ix)second, third and fourth pantry cooks;

(q)marine cooks, including:

(i)chief, senior second, second, extra second, third, fourth, ship’s, assistant ship’s and assistant cooks; and

(ii)bakers, chief bakers and second bakers; and

(iii)butchers, chief butchers and second butchers; and

(iv)scullery workers; and

(v)cook’s attendants.

[5] Further amendments

*Provision*	*omit*	*insert*
Paragraph 4 (1) (e)	his	the recipient’s
Paragraph 4 (1) (f)	in respect of his	for the Commonwealth employee’s
Paragraph 4 (1) (f)	or his compliance	or compliance
Subregulation 4 (1A)	two-thirds of his	two-thirds of the person’s
Subregulation 4 (1A)	upon which his	upon which the person’s
Paragraph 4 (3) (a)	his	the person’s
Paragraph 4 (3) (b)	he	the person
Paragraph 4 (4) (a)	his	the person’s
Subregulation 4B (1)	his own	the person’s own office
Subregulation 4B (2)	him	the employee
Paragraph 4B (2) (a)	his	the employee’s
Paragraph 4B (2) (b)	he	the employee
Subparagraph 4B (2) (b) (i)	he	the employee
Subparagraph 4B (2) (b) (i)	his	the employee’s
Subparagraph 4B (2) (b) (ii)	his absence	the employee’s absence
Subparagraph 4B (2) (b) (ii)	his own	the employee’s own classification
Paragraph 4B (3) (a)	him	the employee
Paragraph 4B (3) (b)	his	the employee’s
Paragraph 4B (4) (a)	his absence	the person’s absence
Paragraph 4B (4) (a)	his own	the person’s own office
Paragraph 4B (4) (b)	he	the person
Paragraph 4B (4) (b)	his absence	the person’s absence
Paragraph 4B (4) (b)	his own	the person’s own classification
Paragraph 4B (5) (b)	to him at a rate	to the person at a rate
Paragraph 4B (5) (b)	to him in respect of	to the person for
Paragraph 4B (5) (b)	by him	by the person
Subregulation 4B (5)	to him at the lower	to the person at the lower
Subregulation 4B (5)	to him during	to the person during
Paragraph 4B (6) (b)	he	the person
Subregulation 4C (2)	his	the person’s
Subregulation 4C (3)	he	the person
Paragraph 4C (3) (a)	his	the person’s
Paragraph 4C (3) (b)	if he were	if the person were
Paragraph 4C (3) (b)	to him immediately before he	to the person immediately before the person
Subregulation 4D (1)	he	the person
Subregulation 4D (1)	his duties	duties
Subregulation 4D (3)	he	the person
Subregulation 4E (1)	organizations	organisations
Paragraph 4E (1) (a)	organization, other than an organization	organisation, other than an organisation
Paragraph 4E (1) (b)	organizations	organisations
Subregulation 4E (2)	*organization*	*organisation*

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See