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New South Wales regulation
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).
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Direct links to the current provisions in Annual Holidays Regulation 2021.
2 Commencement
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This Regulation repeals and replaces the Annual Holidays Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
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.
4 Calculating 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4A (Repealed)
5 Repeal 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(1) The Annual Holidays Regulation 2016 is repealed.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.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
This Regulation is the Annual Holidays Regulation 2021.
2 Commencement
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This Regulation repeals and replaces the Annual Holidays Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
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.
4 Calculating 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).
5 Repeal 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.