{"id":"nsw:sl-2021-0288","name":"Annual Holidays Regulation 2021","slug":"annual-holidays-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"288 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176242,"registerId":"nsw-nsw:sl-2021-0288-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Annual Holidays Regulation 2021](/view/html/inforce/current/sl-2021-0288).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Annual Holidays Regulation 2016](/view/html/repealed/current/sl-2016-0537), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Annual Holidays Act 1944](/view/html/inforce/current/act-1944-031).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Calculating ordinary pay for payment of annual leave—bonuses","content":"#### 4 Calculating ordinary pay for payment of annual leave—bonuses\n\n4 Calculating ordinary pay for payment of annual leave—bonuses\n\n> 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—\n> \n> > (a) $144,000,\n> \n> > (b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Note—\n> \n> 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.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":null,"content":"#### 4A\n\n4A (Repealed)","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Annual Holidays Regulation 2016](/view/html/repealed/current/sl-2016-0537) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Annual Holidays Regulation 2016](/view/html/repealed/current/sl-2016-0537), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the same narrow scope as its 2016 predecessor. It performs a single technical function: prescribing the income threshold for the bonus exclusion in annual leave calculations. There is no evidence of scope creep — the regulation has not expanded beyond its original purpose of setting this specific monetary figure."},"complexity_factors":["Extremely short — only 5 operative clauses","Single substantive provision (clause 4) with a straightforward 'greater of' formula","Only 1 defined term ('the Act')","No nested exceptions or conditional logic beyond the basic threshold test","Minimal cross-referencing (only to the parent Act and Commonwealth Fair Work Regulations)","Contains a spent provision (clause 4A was inserted and repealed in the same year, leaving only a historical note)"],"plain_english_summary":"This is a short NSW regulation that sets a dollar threshold for when bonuses must be included in annual leave pay calculations.\n\n**What it does:**\nUnder the Annual Holidays Act 1944, when paying workers for annual leave, employers normally include bonuses as part of \"ordinary pay\" (the base rate used to calculate leave entitlements). However, there's an exception: if a worker earns above a certain amount, bonuses can be excluded from this calculation.\n\nThis regulation sets that threshold at **$144,000 per year** — or the equivalent figure in the Commonwealth Fair Work Regulations (whichever is higher).\n\n**Who it affects:**\n- **High-income workers in NSW** earning above $144,000 annually\n- **NSW employers** calculating annual leave pay for these workers\n- It does NOT affect workers earning below this threshold — they continue to have bonuses included in their leave calculations\n\n**Why it matters:**\nFor well-paid employees, this determines whether discretionary or performance bonuses get factored into their annual leave pay. If you're above the threshold, your employer can legally exclude bonuses when working out how much to pay you while on leave. The regulation also ensures NSW stays aligned with federal workplace laws by referencing the Commonwealth Fair Work Regulations as an alternative benchmark."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals the Annual Holidays Regulation 2016 but continues existing legal effects (cl 5). It mechanically prescribes the annual‑pay threshold for excluding bonuses (cl 4) and commences on publication (cl 2), so it replaces the prior instrument without widening or narrowing the substantive coverage set by the Annual Holidays Act 1944."},"complexity_factors":["Short, focused instrument with few clauses (commencement, definition, calculation, repeal/savings).","Cross‑jurisdictional reference to Commonwealth Fair Work Regulations, Chapter 2 reg 2.13 (cl 4) — external dependence raises compliance and monitoring tasks.","Dynamic metric: phrase \"from time to time\" means the comparative amount can change without amending this Regulation (cl 4).","Interplay with Annual Holidays Act 1944 s 2(6) requires reading both instruments together (cl 3 and cl 4).","Savings clause preserves existing legal effects despite repeal of prior regulation, requiring attention to historical instruments and continuity (cl 5)."],"plain_english_summary":"This Regulation sets the test for when bonuses are excluded from a worker’s ordinary pay for annual leave under the Annual Holidays Act 1944: the prescribed annual amount is the greater of $144,000 or the amount calculated under the Commonwealth Fair Work Regulations (cl 4). It starts on publication (cl 2). The Regulation also repeals the 2016 instrument but preserves existing rights and obligations so employers must apply the new threshold when calculating leave pay (cl 5)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided text to determine whether the regulation's scope changed from any original intent. The document only contains navigational and administrative metadata, with no provisions to analyse."},"complexity_factors":["Only administrative metadata is visible — no substantive legal provisions are included in the provided text","The regulation exists within a layered legal framework (Act + Regulation), requiring knowledge of the parent Annual Holidays Act 1944 to fully understand its effect","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer that non-lawyers may find confusing","Multiple version dates create potential confusion about which version applies to a given situation"],"plain_english_summary":"This NSW regulation made under the Annual Holidays Act 1944 contains only administrative metadata in the provided text, but shows it was made in June 2021, has been in force since 1 April 2022, and is set for automatic repeal on 1 September 2026.  \n\nBecause it sits under the Annual Holidays Act, it likely affects NSW employers and employees’ annual leave arrangements. The scheduled repeal means the government must replace or renew it—so businesses and workers should watch for changes."}},"importantCases":[],"_links":{"self":"/api/acts/annual-holidays-regulation-2021","history":"/api/acts/annual-holidays-regulation-2021/history","analysis":"/api/acts/annual-holidays-regulation-2021/analysis","conflicts":"/api/acts/annual-holidays-regulation-2021/conflicts","importantCases":"/api/acts/annual-holidays-regulation-2021/important-cases","documents":"/api/acts/annual-holidays-regulation-2021/documents"}}