{"id":"qld:sl-2016-0142","name":"Gladstone Power Station Agreement Regulation 2016","slug":"gladstone-power-station-agreement-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"142 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174999,"registerId":"qld-qld:sl-2016-0142-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Gladstone Power Station Agreement Regulation 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2016.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Long service leave","content":"# Long service leave","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Who is entitled to long service leave","content":"### sec.4 Who is entitled to long service leave\n\nAn employee is entitled to long service leave if the employee completes—\nat least 10 years service; or\nat least 5 years service ending when the employee—\ndies; or\nresigns on or after reaching 55 years; or\nresigns before reaching 55 years because of ill-health.\nHowever, an employee mentioned in subsection (1) (b) (iii) is entitled to long service leave only if the employee gives the company a certificate from a doctor agreed between the employee and the company that states the employee can not continue employment because of ill-health.\n(sec.4-ssec.1) An employee is entitled to long service leave if the employee completes— at least 10 years service; or at least 5 years service ending when the employee— dies; or resigns on or after reaching 55 years; or resigns before reaching 55 years because of ill-health.\n(sec.4-ssec.2) However, an employee mentioned in subsection (1) (b) (iii) is entitled to long service leave only if the employee gives the company a certificate from a doctor agreed between the employee and the company that states the employee can not continue employment because of ill-health.\n- (a) at least 10 years service; or\n- (b) at least 5 years service ending when the employee— (i) dies; or (ii) resigns on or after reaching 55 years; or (iii) resigns before reaching 55 years because of ill-health.\n- (i) dies; or\n- (ii) resigns on or after reaching 55 years; or\n- (iii) resigns before reaching 55 years because of ill-health.\n- (i) dies; or\n- (ii) resigns on or after reaching 55 years; or\n- (iii) resigns before reaching 55 years because of ill-health.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"How long service leave is calculated","content":"### sec.5 How long service leave is calculated\n\nAn employee is entitled to long service leave calculated—\nfor a full-time employee—at the rate of 1.3 weeks on full pay for each year of service and a proportionate amount for an incomplete year of service; or\nfor a part-time or casual employee—at the rate mentioned in paragraph (a) in the proportion that the hours worked by the employee bears to the hours worked by a full-time employee.\n- (a) for a full-time employee—at the rate of 1.3 weeks on full pay for each year of service and a proportionate amount for an incomplete year of service; or\n- (b) for a part-time or casual employee—at the rate mentioned in paragraph (a) in the proportion that the hours worked by the employee bears to the hours worked by a full-time employee.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Periods of absence without pay that count as service","content":"### sec.6 Periods of absence without pay that count as service\n\nAn employee’s period of service does not include a period when the employee is absent without pay, other than—\na period during which the employee is receiving compensation under the Workers’ Compensation and Rehabilitation Act 2003 for an injury, within the meaning of that Act, sustained by the employee; or\na period of authorised leave of not more than 2 weeks; or\na period of leave that the company has approved as service for this part.\n- (a) a period during which the employee is receiving compensation under the Workers’ Compensation and Rehabilitation Act 2003 for an injury, within the meaning of that Act, sustained by the employee; or\n- (b) a period of authorised leave of not more than 2 weeks; or\n- (c) a period of leave that the company has approved as service for this part.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Taking long service leave","content":"### sec.7 Taking long service leave\n\nAn employee must apply for long service leave—\nin the form approved by the company; and\nat least 1 month before the leave is to be taken, unless the company agrees to accept a later application.\nAn employee may take long service leave only when it is mutually convenient to the company and the employee.\n(sec.7-ssec.1) An employee must apply for long service leave— in the form approved by the company; and at least 1 month before the leave is to be taken, unless the company agrees to accept a later application.\n(sec.7-ssec.2) An employee may take long service leave only when it is mutually convenient to the company and the employee.\n- (a) in the form approved by the company; and\n- (b) at least 1 month before the leave is to be taken, unless the company agrees to accept a later application.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Minimum period of long service leave","content":"### sec.8 Minimum period of long service leave\n\nThe minimum period of long service leave that an employee may take is 2 weeks.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Public holidays during long service leave","content":"### sec.9 Public holidays during long service leave\n\nAn employee’s long service leave must be credited for a public holiday that falls while the employee is on long service leave if the employee is usually scheduled to work on the day.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Illness during long service leave","content":"### sec.10 Illness during long service leave\n\nIf an employee is granted sick leave of at least 1 week for an illness or injury that the employee suffers while on long service leave—\nthe employee’s long service leave must be credited for the number of days of the sick leave; and\nthe period of long service leave actually taken is not subject to the minimum period requirement under section 8 .\n- (a) the employee’s long service leave must be credited for the number of days of the sick leave; and\n- (b) the period of long service leave actually taken is not subject to the minimum period requirement under section 8 .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Rate of payment for long service leave","content":"### sec.11 Rate of payment for long service leave\n\nThe company must pay an employee for long service leave at—\nfor an employee who is a nominated relief shift worker—the highest of the following—\n107.5% of the all purpose rate;\nthe all purpose rate plus the average percentage loading earned by the employee in the previous year;\nif the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or\nfor an employee who is a noncontinuous shift worker—the higher of the following—\n107.5% of the all purpose rate;\nthe all purpose rate plus the average percentage loading earned by the employee in the previous year; or\nfor an employee who is a continuous shift worker—the projected roster rate; or\nfor any other employee—the all purpose rate.\nIn this section—\nprojected roster rate means the all purpose rate plus the Station standard loading.\nStation standard continuous shift roster means the roster mentioned in section 6.12.2 of the award.\nStation standard loading means the average of all shift and weekend penalties (other than overtime) earned from the Station standard continuous shift roster.\n(sec.11-ssec.1) The company must pay an employee for long service leave at— for an employee who is a nominated relief shift worker—the highest of the following— 107.5% of the all purpose rate; the all purpose rate plus the average percentage loading earned by the employee in the previous year; if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or for an employee who is a noncontinuous shift worker—the higher of the following— 107.5% of the all purpose rate; the all purpose rate plus the average percentage loading earned by the employee in the previous year; or for an employee who is a continuous shift worker—the projected roster rate; or for any other employee—the all purpose rate.\n(sec.11-ssec.2) In this section— projected roster rate means the all purpose rate plus the Station standard loading. Station standard continuous shift roster means the roster mentioned in section 6.12.2 of the award. Station standard loading means the average of all shift and weekend penalties (other than overtime) earned from the Station standard continuous shift roster.\n- (a) for an employee who is a nominated relief shift worker—the highest of the following— (i) 107.5% of the all purpose rate; (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; (iii) if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or\n- (i) 107.5% of the all purpose rate;\n- (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year;\n- (iii) if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or\n- (b) for an employee who is a noncontinuous shift worker—the higher of the following— (i) 107.5% of the all purpose rate; (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; or\n- (i) 107.5% of the all purpose rate;\n- (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; or\n- (c) for an employee who is a continuous shift worker—the projected roster rate; or\n- (d) for any other employee—the all purpose rate.\n- (i) 107.5% of the all purpose rate;\n- (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year;\n- (iii) if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or\n- (i) 107.5% of the all purpose rate;\n- (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; or","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Payment instead of long service leave not taken","content":"### sec.12 Payment instead of long service leave not taken\n\nThis section applies if—\nan employee’s contract of employment with the company ends; or\nan employee dies.\nThe company must pay the employee or the deceased employee’s personal representative for the long service leave that the employee is entitled to.\nPayment must be made at the all purpose rate.\nThe company must pay the employee for any long service leave that would have accrued had the employee taken the long service leave.\n(sec.12-ssec.1) This section applies if— an employee’s contract of employment with the company ends; or an employee dies.\n(sec.12-ssec.2) The company must pay the employee or the deceased employee’s personal representative for the long service leave that the employee is entitled to.\n(sec.12-ssec.3) Payment must be made at the all purpose rate.\n(sec.12-ssec.4) The company must pay the employee for any long service leave that would have accrued had the employee taken the long service leave.\n- (a) an employee’s contract of employment with the company ends; or\n- (b) an employee dies.","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Redundancy and retrenchment","content":"# Redundancy and retrenchment","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"When a role becomes redundant","content":"### sec.13 When a role becomes redundant\n\nA role becomes redundant when the company decides its need for the role has diminished or ceased.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Employees who are not entitled to benefits","content":"### sec.14 Employees who are not entitled to benefits\n\nAn employee who is retrenched because of a redundancy is not entitled to benefits under this part if—\nsection 18 (2) applies to the employee; or\nthe employee—\ndies or suffers a permanent injury or illness making the employee incapable of continuing employment with the company; or\nis engaged in a casual capacity or for a specific task; or\nhas less than 1 year of service; or\nterminates employment during the period of notice given under section 22 without the company’s prior approval, unless the approval is unreasonably withheld.\n- (a) section 18 (2) applies to the employee; or\n- (b) the employee— (i) dies or suffers a permanent injury or illness making the employee incapable of continuing employment with the company; or (ii) is engaged in a casual capacity or for a specific task; or (iii) has less than 1 year of service; or (iv) terminates employment during the period of notice given under section 22 without the company’s prior approval, unless the approval is unreasonably withheld.\n- (i) dies or suffers a permanent injury or illness making the employee incapable of continuing employment with the company; or\n- (ii) is engaged in a casual capacity or for a specific task; or\n- (iii) has less than 1 year of service; or\n- (iv) terminates employment during the period of notice given under section 22 without the company’s prior approval, unless the approval is unreasonably withheld.\n- (i) dies or suffers a permanent injury or illness making the employee incapable of continuing employment with the company; or\n- (ii) is engaged in a casual capacity or for a specific task; or\n- (iii) has less than 1 year of service; or\n- (iv) terminates employment during the period of notice given under section 22 without the company’s prior approval, unless the approval is unreasonably withheld.","sortOrder":17},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Redundancy and retrenchment procedures","content":"## Redundancy and retrenchment procedures","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Redundancy notice","content":"### sec.15 Redundancy notice\n\nIf the company decides a role is redundant it must promptly notify the employees in the role and their representatives of—\nthe reasons for the role becoming redundant; and\nthe location and description of the redundant role; and\nthe number of employees to be affected by the redundancy.\n- (a) the reasons for the role becoming redundant; and\n- (b) the location and description of the redundant role; and\n- (c) the number of employees to be affected by the redundancy.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Consultation after redundancy notice","content":"### sec.16 Consultation after redundancy notice\n\nPromptly after the redundancy notice is given, the company must consult with the employees and their representatives about the implementation of this part.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Centrelink must be notified of redundancies","content":"### sec.17 Centrelink must be notified of redundancies\n\nAfter consulting with the employees and their representatives, the company must notify Centrelink in accordance with the Fair Work Act 2009 (Cwlth) , section 530 of the number and details of employees who will be affected by the redundancy.\nIn this section—\nCentrelink means the Department of State of the Commonwealth that is administered by the Minister administering the Human Services (Centrelink) Act 1997 (Cwlth) .\n(sec.17-ssec.1) After consulting with the employees and their representatives, the company must notify Centrelink in accordance with the Fair Work Act 2009 (Cwlth) , section 530 of the number and details of employees who will be affected by the redundancy.\n(sec.17-ssec.2) In this section— Centrelink means the Department of State of the Commonwealth that is administered by the Minister administering the Human Services (Centrelink) Act 1997 (Cwlth) .","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Consideration of employee’s competencies for another role","content":"### sec.18 Consideration of employee’s competencies for another role\n\nPromptly after the redundancy notice is given, the company and each employee in the redundant role must together consider the employee’s competencies in the role to decide if—\nthe employee can perform work in a vacant role; or\nthe employee, with reasonable retraining, could perform work in another role.\nAn employee is not entitled to benefits under this part if the employee—\nagrees to perform another role; or\nunreasonably refuses to agree to perform another role.\nSubsection (2) does not apply to an employee if within 3 months of performing the other role the employee or company finds the other role to be unsatisfactory for the employee’s competencies.\n(sec.18-ssec.1) Promptly after the redundancy notice is given, the company and each employee in the redundant role must together consider the employee’s competencies in the role to decide if— the employee can perform work in a vacant role; or the employee, with reasonable retraining, could perform work in another role.\n(sec.18-ssec.2) An employee is not entitled to benefits under this part if the employee— agrees to perform another role; or unreasonably refuses to agree to perform another role.\n(sec.18-ssec.3) Subsection (2) does not apply to an employee if within 3 months of performing the other role the employee or company finds the other role to be unsatisfactory for the employee’s competencies.\n- (a) the employee can perform work in a vacant role; or\n- (b) the employee, with reasonable retraining, could perform work in another role.\n- (a) agrees to perform another role; or\n- (b) unreasonably refuses to agree to perform another role.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Rate of pay for other role","content":"### sec.19 Rate of pay for other role\n\nIf an employee who has been given a redundancy notice agrees with the company to perform another role for which a rate of pay lower than the rate paid for the redundant role is paid, the company must pay the employee the rate for the redundant role.\nPayment at the rate for the redundant role must be made until the earlier of the following events happens—\nthe end of 2 years from the employee starting work in the other role;\nthe all purpose rate of pay for the other role becomes more than the rate for the redundant role.\n(sec.19-ssec.1) If an employee who has been given a redundancy notice agrees with the company to perform another role for which a rate of pay lower than the rate paid for the redundant role is paid, the company must pay the employee the rate for the redundant role.\n(sec.19-ssec.2) Payment at the rate for the redundant role must be made until the earlier of the following events happens— the end of 2 years from the employee starting work in the other role; the all purpose rate of pay for the other role becomes more than the rate for the redundant role.\n- (a) the end of 2 years from the employee starting work in the other role;\n- (b) the all purpose rate of pay for the other role becomes more than the rate for the redundant role.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Time off to seek other employment","content":"### sec.20 Time off to seek other employment\n\nAn employee who has been given a redundancy notice must be given an appropriate amount of leave at full pay to seek other employment.\nThe leave is subject to the company’s normal approval procedures.\n(sec.20-ssec.1) An employee who has been given a redundancy notice must be given an appropriate amount of leave at full pay to seek other employment.\n(sec.20-ssec.2) The leave is subject to the company’s normal approval procedures.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Nomination and selection for retrenchment","content":"### sec.21 Nomination and selection for retrenchment\n\nAn employee who can demonstrate the necessary competencies to perform the redundant role may nominate to be considered for retrenchment.\nIf more than 1 employee nominates for retrenchment—\nthe company must select the employee to be retrenched on the basis of demonstrated core competencies, assessed performance, demonstrated commitment to the company and equity; and\nall employees who operate boiler and turbine units are taken—\nto be the same classification; and\nto have the same demonstrated core competencies for paragraph (a) .\n(sec.21-ssec.1) An employee who can demonstrate the necessary competencies to perform the redundant role may nominate to be considered for retrenchment.\n(sec.21-ssec.2) If more than 1 employee nominates for retrenchment— the company must select the employee to be retrenched on the basis of demonstrated core competencies, assessed performance, demonstrated commitment to the company and equity; and all employees who operate boiler and turbine units are taken— to be the same classification; and to have the same demonstrated core competencies for paragraph (a) .\n- (a) the company must select the employee to be retrenched on the basis of demonstrated core competencies, assessed performance, demonstrated commitment to the company and equity; and\n- (b) all employees who operate boiler and turbine units are taken— (i) to be the same classification; and (ii) to have the same demonstrated core competencies for paragraph (a) .\n- (i) to be the same classification; and\n- (ii) to have the same demonstrated core competencies for paragraph (a) .\n- (i) to be the same classification; and\n- (ii) to have the same demonstrated core competencies for paragraph (a) .","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"6 months notice of retrenchment must be given","content":"### sec.22 6 months notice of retrenchment must be given\n\nThe company must give an employee who is to be retrenched at least 6 months written notice (a retrenchment notice ) of the day the employee is to be retrenched.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application for early separation","content":"### sec.23 Application for early separation\n\nAn employee who has been given a retrenchment notice must apply to the company within 14 days after receiving the notice if the employee wants—\nto terminate employment before the retrenchment day mentioned in the retrenchment notice; and\nto be considered for an early separation incentive payment under section 26 .\nIf the company approves the early separation for the employee—\nthe company must give the employee written notice of the approval; and\nthe employee’s employment ends 14 days after the notice mentioned in paragraph (a) .\n(sec.23-ssec.1) An employee who has been given a retrenchment notice must apply to the company within 14 days after receiving the notice if the employee wants— to terminate employment before the retrenchment day mentioned in the retrenchment notice; and to be considered for an early separation incentive payment under section 26 .\n(sec.23-ssec.2) If the company approves the early separation for the employee— the company must give the employee written notice of the approval; and the employee’s employment ends 14 days after the notice mentioned in paragraph (a) .\n- (a) to terminate employment before the retrenchment day mentioned in the retrenchment notice; and\n- (b) to be considered for an early separation incentive payment under section 26 .\n- (a) the company must give the employee written notice of the approval; and\n- (b) the employee’s employment ends 14 days after the notice mentioned in paragraph (a) .","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Statement of employee’s service","content":"### sec.24 Statement of employee’s service\n\nThe company must give an employee who is to be retrenched a notice stating the employee’s—\nname; and\nperiod of employment; and\nlatest role; and\nreason for termination; and\ndemonstrated competencies.\n- (a) name; and\n- (b) period of employment; and\n- (c) latest role; and\n- (d) reason for termination; and\n- (e) demonstrated competencies.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice, after retrenchment, of appropriate vacancies","content":"### sec.25 Notice, after retrenchment, of appropriate vacancies\n\nThe company must notify an employee who has been retrenched of any appropriate vacancies with the company for 2 years after the retrenchment.","sortOrder":29},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Payments and other benefits for retrenched employees","content":"## Payments and other benefits for retrenched employees","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Early separation incentive payment","content":"### sec.26 Early separation incentive payment\n\nIf the company approves an employee’s early separation, the company must pay the employee an early separation incentive payment.\nThe early separation incentive payment is 13 weeks’ pay at the all purpose rate.\nThe early separation incentive payment is additional to the retrenchment payment mentioned in section 28 .\n(sec.26-ssec.1) If the company approves an employee’s early separation, the company must pay the employee an early separation incentive payment.\n(sec.26-ssec.2) The early separation incentive payment is 13 weeks’ pay at the all purpose rate.\n(sec.26-ssec.3) The early separation incentive payment is additional to the retrenchment payment mentioned in section 28 .","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Retrenchment of shift worker","content":"### sec.27 Retrenchment of shift worker\n\nIf an employee who is a shift worker is to be retrenched—\nthe employee must receive, until the retrenchment, at least the average loadings that applied to the roster the employee would have worked had the employee not been retrenched; and\nother payments to the employee under this part must also be based on this principle.\n- (a) the employee must receive, until the retrenchment, at least the average loadings that applied to the roster the employee would have worked had the employee not been retrenched; and\n- (b) other payments to the employee under this part must also be based on this principle.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Retrenchment payment","content":"### sec.28 Retrenchment payment\n\nThe company must pay an employee who has been retrenched an amount (a retrenchment payment ) equal to the all purpose rate of pay for the number of total weeks according to the years of service completed by the employee as set out in the following table—\nScale of retrenchment payments\nCompleted years of service\nWeeks per year of service\nTotal weeks\n1\n4\n4\n2\n3\n6\n3\n21/3\n7\n4\n2\n8\n5\n2\n10\n6\n2\n12\n7\n2\n14\n8\n2\n16\n9\n2\n18\n10\n2\n20\n11\n2\n22\n12\n2\n24\n13\n2\n26\n14\n2\n28\n15\n2\n30\n16\n2\n32\n17\n2\n34\n18\n2\n36\n19\n2\n38\n20\n2\n40\n21\n2\n42\n22\n2\n44\n23\n2\n46\n24\n2\n48\n25\n2\n50\n26 or more\n2\n52\nThe retrenchment payment to an employee who has completed more than 2 years service must include a proportionate amount for an incomplete year of service.\nThe company must also pay the employee—\nan amount for long service leave of 1.3 weeks for each year of service, and a proportionate amount for an incomplete year of service, less any long service leave taken; and\na superannuation benefit calculated under Gladstone Power Superannuation Plan contained in the Energy Super trust deed.\nThe company must give the employee an estimate of the total payment at least 14 days before the employment ends.\nIn this section—\nEnergy Super trust deed means the trust deed for the fund known as the Electricity Supply Industry Superannuation Fund (Qld) dated 16 June 1995, and as amended from time to time, between the Queensland Transmission and Supply Corporation, the Queensland Generation Corporation and Electricity Supply Industry Superannuation (Qld) Ltd.\n(sec.28-ssec.1) The company must pay an employee who has been retrenched an amount (a retrenchment payment ) equal to the all purpose rate of pay for the number of total weeks according to the years of service completed by the employee as set out in the following table— Scale of retrenchment payments Completed years of service Weeks per year of service Total weeks 1 4 4 2 3 6 3 21/3 7 4 2 8 5 2 10 6 2 12 7 2 14 8 2 16 9 2 18 10 2 20 11 2 22 12 2 24 13 2 26 14 2 28 15 2 30 16 2 32 17 2 34 18 2 36 19 2 38 20 2 40 21 2 42 22 2 44 23 2 46 24 2 48 25 2 50 26 or more 2 52\n(sec.28-ssec.2) The retrenchment payment to an employee who has completed more than 2 years service must include a proportionate amount for an incomplete year of service.\n(sec.28-ssec.3) The company must also pay the employee— an amount for long service leave of 1.3 weeks for each year of service, and a proportionate amount for an incomplete year of service, less any long service leave taken; and a superannuation benefit calculated under Gladstone Power Superannuation Plan contained in the Energy Super trust deed.\n(sec.28-ssec.4) The company must give the employee an estimate of the total payment at least 14 days before the employment ends.\n(sec.28-ssec.5) In this section— Energy Super trust deed means the trust deed for the fund known as the Electricity Supply Industry Superannuation Fund (Qld) dated 16 June 1995, and as amended from time to time, between the Queensland Transmission and Supply Corporation, the Queensland Generation Corporation and Electricity Supply Industry Superannuation (Qld) Ltd.\n- (a) an amount for long service leave of 1.3 weeks for each year of service, and a proportionate amount for an incomplete year of service, less any long service leave taken; and\n- (b) a superannuation benefit calculated under Gladstone Power Superannuation Plan contained in the Energy Super trust deed.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Retraining expenses","content":"### sec.29 Retraining expenses\n\nThe company must reimburse a retrenched employee for the expenses of retraining the employee approved by the company and substantiated by the employee, up to an amount agreed between the company and the employee before the employment ends.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Relocation expenses","content":"### sec.30 Relocation expenses\n\nIf a retrenched employee must relocate to find suitable alternative employment, the company must reimburse the employee’s reasonable relocation expenses.\nThe maximum payment is the amount that would relocate the employee to the nearest capital city.\nRelocation expenses are only payable if a claim for expenses is made within 3 months of the employment with the company ending.\n(sec.30-ssec.1) If a retrenched employee must relocate to find suitable alternative employment, the company must reimburse the employee’s reasonable relocation expenses.\n(sec.30-ssec.2) The maximum payment is the amount that would relocate the employee to the nearest capital city.\n(sec.30-ssec.3) Relocation expenses are only payable if a claim for expenses is made within 3 months of the employment with the company ending.","sortOrder":35},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Other provisions about redundancy and retrenchment","content":"## Other provisions about redundancy and retrenchment","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Problem-solving processes","content":"### sec.31 Problem-solving processes\n\nIf an employee considers a decision of the employee’s immediate manager about the application of this part is unfair, the employee may appeal against the decision to the person the employee’s immediate manager reports to.\nSubsection (1) does not affect—\nthe employee’s right to take a proceeding about the employee’s rights under this part in a court of competent jurisdiction; or\nthe application of the problem-solving process outlined in the award.\n(sec.31-ssec.1) If an employee considers a decision of the employee’s immediate manager about the application of this part is unfair, the employee may appeal against the decision to the person the employee’s immediate manager reports to.\n(sec.31-ssec.2) Subsection (1) does not affect— the employee’s right to take a proceeding about the employee’s rights under this part in a court of competent jurisdiction; or the application of the problem-solving process outlined in the award.\n- (a) the employee’s right to take a proceeding about the employee’s rights under this part in a court of competent jurisdiction; or\n- (b) the application of the problem-solving process outlined in the award.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Variation of procedures and benefits for redundancies and retrenchments","content":"### sec.32 Variation of procedures and benefits for redundancies and retrenchments\n\nThis part does not prevent the company and its employees from agreeing to different procedures or benefits for redundancies and retrenchments.","sortOrder":38},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"References to 2004 regulation taken to be references to this regulation","content":"### sec.33 References to 2004 regulation taken to be references to this regulation\n\nIn an instrument—\na reference to the 2004 regulation may, if the context permits, be taken to be a reference to this regulation; and\na reference to a provision of the 2004 regulation may, if the context permits, be taken to be a reference to the provision of this regulation dealing with the same subject matter as the provision of the 2004 regulation.\nIn this section—\n2004 regulation means the Gladstone Power State Agreement Regulation 2004 as in force before the commencement.\n(sec.33-ssec.1) In an instrument— a reference to the 2004 regulation may, if the context permits, be taken to be a reference to this regulation; and a reference to a provision of the 2004 regulation may, if the context permits, be taken to be a reference to the provision of this regulation dealing with the same subject matter as the provision of the 2004 regulation.\n(sec.33-ssec.2) In this section— 2004 regulation means the Gladstone Power State Agreement Regulation 2004 as in force before the commencement.\n- (a) a reference to the 2004 regulation may, if the context permits, be taken to be a reference to this regulation; and\n- (b) a reference to a provision of the 2004 regulation may, if the context permits, be taken to be a reference to the provision of this regulation dealing with the same subject matter as the provision of the 2004 regulation.","sortOrder":40}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Section 33 treats references to the earlier 2004 regulation as references to this regulation where context permits, indicating the instrument is intended to continue the same subject‑matter coverage rather than expand scope. The text reframes entitlements and procedures but does not on its face introduce new categories of recipients or novel subject areas beyond long‑service leave and redundancy/retrenchment benefits (see sec 33)."},"complexity_factors":["Multiple eligibility pathways and exceptions for long service leave and redundancy (secs 4, 14) increase interpretive detail.","Different pay formulas depending on shift classification and loadings, including highest/average comparisons (sec 11).","Retranchement payment scale with year-by-year weeks and prorating rules requires arithmetic application (sec 28).","Discretionary company approvals for leave, retraining, relocation and early separation create operational judgment calls (secs 7, 23, 29, 30).","Interaction with external instruments and schemes (Workers’ Compensation Act, Fair Work Act reporting, Energy Super trust deed) adds cross‑legislative complexity (secs 6, 17, 28).","Notice, consultation and appeal pathways require procedural compliance and recordkeeping (secs 15, 16, 22, 24, 31).","Continuity clause referencing the 2004 regulation requires contextual interpretation when older instruments are cited in other documents (sec 33).","Provision allowing parties to agree different procedures or benefits creates variability in application (sec 32)."],"plain_english_summary":"This regulation sets the rules for long‑service leave, redundancy and retrenchment for Gladstone Power Station employees. It prescribes who qualifies and how leave and retrenchment payments are calculated, the company’s notice, consultation and vacancy‑notification duties, and optional benefits like retraining and relocation (see secs 4–12, 15–30). The company is the payer and decision‑maker for approvals and estimates; employees must follow application and notice procedures. Section 33 maintains continuity with the 2004 instrument."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4(1)(b)(i) and sec.4(2)","severity":"medium","reasoning":"Section 4(1)(b)(i) grants entitlement to long service leave when an employee dies after 5 years service. Section 7 requires the employee to apply for long service leave in an approved form. A dead employee cannot apply for leave. While s.12 addresses payment on death for untaken leave, Part 2 contains no mechanism for a deceased employee's estate to claim the leave entitlement created by s.4(1)(b)(i), creating a gap between the entitlement and the procedural mechanism to access it.","confidence":0.72,"description":"A deceased employee cannot provide a doctor's certificate, but the certificate requirement in subsection (2) only explicitly applies to ill-health resigners (subsection 1(b)(iii)). However, the structural drafting raises a broader absurdity: an employee who dies (s.4(1)(b)(i)) is entitled to long service leave despite being unable to take it, and the regulation provides no clear mechanism for how that entitlement is exercised by or on behalf of a deceased person in Part 2 (as opposed to Part 3)."},{"type":"impossible_compliance","section":"sec.7(1)(b) and sec.7(2)","severity":"medium","reasoning":"Section 7(2) requires mutual convenience with no time limit or arbitration mechanism. An employer could indefinitely decline to find any time convenient, effectively nullifying the entitlement created by s.4. There is no provision analogous to Queensland's Long Service Leave Act that allows an employee to insist on leave after a deferral period. The regulation creates an entitlement (s.4) that can be unilaterally blocked indefinitely.","confidence":0.68,"description":"The requirement that leave be taken only when 'mutually convenient' combined with the mandatory 1-month advance application creates a potential impossibility: the company could always withhold convenience, rendering the entitlement illusory, yet no override mechanism exists for when the company perpetually declines convenience."},{"type":"self_contradicting","section":"sec.12(3) and sec.12(4)","severity":"low","reasoning":"The regulation establishes in s.11 that certain categories of employees (nominated relief shift workers, noncontinuous shift workers, continuous shift workers) are entitled to rates above the all purpose rate when taking long service leave. Section 12(3) mandates payment at the all purpose rate for untaken leave on termination/death. This creates an unequal outcome depending on the circumstance of leaving, which may be intentional policy but produces a logical anomaly where the method of departure determines the pay rate for the same accrued entitlement.","confidence":0.78,"description":"Section 12(3) requires payment at the all purpose rate for accrued long service leave on termination, but section 11 prescribes higher rates for various shift workers during actual leave. On termination, shift workers receive the lower all purpose rate, creating an anomaly where dying or being terminated pays less than actually taking leave — potentially incentivising employees to take leave rather than be retrenched."},{"type":"circular_definition","section":"sec.12(4)","severity":"medium","reasoning":"Long service leave accrual is defined in s.5 as based on years of service. It is unclear how taking or not taking leave affects future accrual. If an employee takes long service leave, their service continues for accrual purposes. The notion of leave that 'would have accrued had the employee taken the long service leave' is causally backwards — accrual depends on service, not on leave-taking. The subsection may intend to address a scenario where leave-without-pay breaks continuity, but as drafted it is logically incoherent.","confidence":0.65,"description":"Section 12(4) requires the company to pay an employee for long service leave 'that would have accrued had the employee taken the long service leave' — this is circular and potentially meaningless. Long service leave accrues based on service, not on whether leave is taken. The provision appears to be attempting to address a specific scenario but is logically incoherent as drafted."},{"type":"impossible_compliance","section":"sec.18(2) and sec.18(3)","severity":"medium","reasoning":"Section 18(2)(b) disentitles employees who unreasonably refuse another role. Section 18(3) provides relief if 'within 3 months of performing the other role' it proves unsatisfactory. An employee who refused the role never performs it, so the 3-month period never begins and s.18(3) cannot logically apply to restore their entitlement. The drafting fails to provide a parallel protection for employees who initially refuse but then are compelled or agree to try the role.","confidence":0.82,"description":"Section 18(2) removes entitlement to redundancy benefits if an employee 'agrees to perform another role' OR 'unreasonably refuses' one. Section 18(3) partially restores this by disapplying s.18(2) if within 3 months the role proves unsatisfactory. But an employee who 'unreasonably refuses' never performs the other role, so s.18(3) can never apply to them — the 3-month trial condition is impossible to satisfy for the refusal limb."},{"type":"other","section":"sec.21(1)","severity":"low","reasoning":"The competency threshold for self-nomination to retrenchment (s.21(1)) is internally coherent but produces an absurd practical result: if an employee cannot demonstrate competencies for the very role being made redundant — i.e., their own job — they cannot even nominate to be retrenched from it. This may create situations where employees in a redundant role are excluded from the retrenchment selection process entirely, leaving the company to select who is retrenched without employee input.","confidence":0.7,"description":"Section 21(1) allows an employee to nominate for retrenchment only if they 'can demonstrate the necessary competencies to perform the redundant role.' This means employees who lack the competencies for a role that has been made redundant cannot volunteer for retrenchment — a perverse outcome where only the most capable employees in a redundant role can elect to leave with benefits."},{"type":"other","section":"sec.14(b)(i)","severity":"low","reasoning":"The scenario where an employee is 'retrenched because of a redundancy' but is simultaneously excluded from benefits because they 'die or suffer a permanent injury' creating incapacity is temporally confused. If the employee is already incapable of employment or dead, they cannot be retrenched in the ordinary sense. The provision appears to be attempting to prevent double-dipping with workers compensation or other incapacity benefits, but the drafting conflates the circumstances.","confidence":0.58,"description":"Section 14(b)(i) provides that an employee retrenched due to redundancy is NOT entitled to redundancy benefits if they 'die or suffer a permanent injury or illness making the employee incapable of continuing employment.' However, death or incapacitating illness is not a form of retrenchment — it would typically end employment on other grounds. The provision contemplates a sequence (retrenchment because of redundancy AND death/incapacity) that is logically difficult to construct."},{"type":"self_contradicting","section":"sec.28(3)(a)","severity":"medium","reasoning":"Section 28(3)(a) appears to grant a long service leave payment on retrenchment calculated at 1.3 weeks/year for all retrenched employees (subject to s.14 minimums of 1 year service), but s.4 only creates an entitlement to long service leave after 10 years (or 5 years in limited circumstances). This creates two contradictory regimes: Part 2 says you need 10 years for long service leave, but Part 3 effectively grants a long-service-leave-equivalent payment after just 1 year on retrenchment.","confidence":0.75,"description":"Section 28(3)(a) requires the company to pay a retrenched employee long service leave at 1.3 weeks per year of service on retrenchment. Section 4 requires 10 years service (or 5 years in special circumstances) to be entitled to long service leave at all. Section 14(b)(iii) excludes employees with less than 1 year of service from redundancy benefits. The regulation is silent on whether the s.28(3)(a) long service leave payment applies to employees with between 1-9 years of service who have not yet met the s.4 threshold."},{"type":"self_contradicting","section":"sec.20(1) and sec.20(2)","severity":"high","reasoning":"The word 'must' in s.20(1) creates an obligation on the company. Section 20(2) then subjects the exercise of this right to the company's own internal approval procedures, which the company controls. There is no provision preventing the company from using its approval procedures to effectively deny the leave it is mandated to provide. The mandatory entitlement is rendered discretionary by the approval condition.","confidence":0.85,"description":"Section 20(1) mandates that a retrenched employee 'must be given an appropriate amount of leave at full pay to seek other employment.' Section 20(2) then subjects this mandatory entitlement to 'the company's normal approval procedures.' This means the company can deny approval for leave that the regulation says must be given."}],"contradictions":[{"severity":"high","section_a":"sec.4(1)(a)","section_b":"sec.28(3)(a)","confidence":0.8,"description":"Section 4 entitles employees to long service leave only after completing at least 10 years service (or 5 years in specific circumstances). Section 28(3)(a) requires the company to pay retrenched employees a long service leave amount calculated at 1.3 weeks per year of service, which would apply to employees with as little as 1 year of service (per s.14(b)(iii)), who have no entitlement to long service leave under Part 2."},{"severity":"medium","section_a":"sec.11(a)-(c)","section_b":"sec.12(3)","confidence":0.82,"description":"Section 11 requires payment for long service leave at rates above the all purpose rate for shift workers (nominated relief, noncontinuous, and continuous shift workers). Section 12(3) requires payment for untaken long service leave on termination or death at the all purpose rate only, without preserving the higher rates that would apply if those same employees had taken the leave while employed."},{"severity":"low","section_a":"sec.18(2)","section_b":"sec.14(a)","confidence":0.55,"description":"Section 14(a) says an employee is not entitled to redundancy benefits if s.18(2) applies to them. Section 18(2) itself says an employee is not entitled to benefits if they agree to or unreasonably refuse another role. The cross-reference creates a technically circular structure: s.14 withholds benefits by reference to s.18(2), and s.18(2) independently withholds benefits — potentially applying different tests for the same outcome with unclear interaction."},{"severity":"high","section_a":"sec.20(1)","section_b":"sec.20(2)","confidence":0.88,"description":"Section 20(1) creates a mandatory obligation ('must be given') on the company to provide leave to seek other employment. Section 20(2) subjects this leave to 'the company's normal approval procedures,' giving the company discretion to refuse leave it is obliged to provide, directly contradicting the mandatory nature of the entitlement."},{"severity":"low","section_a":"sec.8","section_b":"sec.10(b)","confidence":0.72,"description":"Section 8 sets a minimum period of 2 weeks for long service leave. Section 10(b) provides that where sick leave of at least 1 week is granted during long service leave, the period of long service leave actually taken is 'not subject to the minimum period requirement under section 8.' This means an employee who falls ill in the first week of a 2-week minimum leave period could end up with less than 2 weeks of actual long service leave taken, effectively negating the minimum period requirement through illness."},{"severity":"medium","section_a":"sec.22","section_b":"sec.23(1)","confidence":0.65,"description":"Section 22 requires the company to give at least 6 months written notice of retrenchment. Section 23(1) requires an employee who wants early separation to apply within 14 days of receiving the retrenchment notice. This means an employee must decide within 14 days of receiving 6-months notice whether to forgo up to nearly 6 months of continued employment and pay — a very short window to make a significant financial decision, creating pressure inconsistent with the purpose of the 6-month notice period."},{"severity":"medium","section_a":"sec.28(1) and sec.28(2)","section_b":"sec.28(2)","confidence":0.7,"description":"Section 28(1) sets out a retrenchment payment scale where for 1 year of service the payment is 4 weeks, for 2 years it is 6 weeks (3 weeks/year), and for 3 years it is 7 weeks (approximately 2.33 weeks/year). Section 28(2) states that employees with more than 2 years service must receive a proportionate amount for an incomplete year. However, the rate per year changes between years 1-3, creating ambiguity about which rate applies to the proportionate incomplete year calculation for employees between 2 and 3 years of service."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation is a straightforward restatement and update of the 2004 Gladstone Power State Agreement Regulation. Its scope remains tightly focused on long service leave and redundancy/retrenchment entitlements for Gladstone Power Station employees. The transitional provisions confirm continuity of intent, and there is no evidence of scope expansion beyond the original purpose."},"complexity_factors":["Multiple tiered pay rate formulas for different categories of shift workers during long service leave (nominated relief, non-continuous, continuous, and other)","Cross-references to external instruments including the Fair Work Act 2009 (Cwlth), Workers' Compensation and Rehabilitation Act 2003, and the Energy Super trust deed","Detailed sliding-scale retrenchment payment table with 26 rows covering different service lengths","Interaction between redundancy benefits, early separation incentives, long service leave payouts, and superannuation — requiring careful coordination","Specific exclusions and carve-outs (e.g. employees who accept other roles, those who unreasonably refuse, casual/task-specific workers) that create eligibility complexity","Transitional provisions linking back to a superseded 2004 regulation","Technical industrial relations terminology (all purpose rate, nominated relief shift worker, Station standard continuous shift roster, projected roster rate) that requires unpacking","Three-month unsatisfactory role trial-period carve-out adds a conditional exception within an existing exception"],"plain_english_summary":"This regulation defines tailored long‑service leave and redundancy/ retrenchment rights for employees at Gladstone Power Station, replacing the 2004 version. It sets qualifying and pay rules for long‑service leave (including shift‑worker loadings) and strengthened redundancy protections—longer notice, consultation, pay protection on redeployment, retrenchment pay, and relocation/retraining support. It matters because it gives station workers clearer, often better entitlements than general Queensland employment law."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a specific employment framework for Gladstone Power Station workers, covering long service leave and redundancy procedures as intended. The 2016 version replaces the 2004 regulation but does not appear to have expanded beyond the original purpose of governing employment conditions for this specific workplace."},"complexity_factors":["Multiple cross-references to external documents including the 'award' (industrial agreement), the Fair Work Act 2009, and the Energy Super trust deed","Complex payment calculations in section 11 with four different employee categories (nominated relief shift worker, noncontinuous shift worker, continuous shift worker, other employee) and multiple formulas involving percentages and averages","Detailed retrenchment payment table in section 28 with 26 rows of tiered calculations","Nested conditional logic in section 14 listing multiple exceptions to redundancy entitlements","Defined terms scattered throughout (e.g., 'all purpose rate', 'projected roster rate', 'Station standard loading') that require understanding of industrial award terminology","Interaction between this regulation and the 2004 regulation it replaced (transitional provisions in section 33)"],"plain_english_summary":"This regulation sets out special employment rules for workers at the Gladstone Power Station in Queensland. It covers two main areas:\n\n**Long Service Leave**\n- Workers get 1.3 weeks of paid leave per year of service after completing 10 years (or 5 years if they die, resign at 55+, or resign earlier due to ill-health with a doctor's certificate)\n- Part-time and casual workers get the same rate but adjusted for their hours worked\n- Workers must give one month's notice and get approval to take the leave\n- Minimum leave period is 2 weeks, but this can be reduced if the worker gets sick during leave\n- Pay rates vary depending on whether the worker is a shift worker, with complex calculations involving loadings and penalties\n\n**Redundancy and Retrenchment**\n- When jobs are cut, the company must give 6 months' notice and consult with workers\n- Workers being made redundant get time off to look for other jobs\n- If workers take a lower-paid role, they keep their old salary for up to 2 years\n- Retrenchment payments range from 4 weeks' pay (for 1 year of service) up to 52 weeks' pay (for 26+ years)\n- Extra benefits include: early separation payments (13 weeks), retraining costs, relocation expenses, and superannuation benefits\n- Some workers don't qualify for redundancy benefits, including casuals, those with less than 1 year of service, or those who quit during the notice period without approval\n\nThe regulation also includes rules for handling disputes and allows the company and workers to negotiate different arrangements if they agree."}},"importantCases":[],"_links":{"self":"/api/acts/gladstone-power-station-agreement-regulation-2016","history":"/api/acts/gladstone-power-station-agreement-regulation-2016/history","analysis":"/api/acts/gladstone-power-station-agreement-regulation-2016/analysis","conflicts":"/api/acts/gladstone-power-station-agreement-regulation-2016/conflicts","importantCases":"/api/acts/gladstone-power-station-agreement-regulation-2016/important-cases","documents":"/api/acts/gladstone-power-station-agreement-regulation-2016/documents"}}