66Leave payments to employee for service as a registered worker

66 Leave payments to employee for service as a registered worker

66 Leave payments to employee for service as a registered worker

(1) For the purposes of section 60, the amount payable to an employee for long service leave for service accrued as a registered worker is the amount worked out using the following formula—

(2) In this section—

D means the number of days of service credited to the registered worker in the workers register to which the amount payable relates.

designated day means—

(a) if the registered worker is taking long service leave—the day the leave begins, and

(b) if the registered worker is being paid pro rata instead of taking long service leave—the day the application for payment is approved.

R is the highest of the weekly averages of the ordinary remuneration received by the registered worker during each of the following periods that applies to the worker—

(a) the most recent 2 quarters of service as a registered worker before the designated day,

(b) the most recent 4 quarters of service as a registered worker before the designated day,

(c) the most recent 20 quarters of service as a registered worker before the designated day,

(d) if relevant—the most recent 40 quarters of service as a registered worker before the designated day.

Example—“R”

Henry has worked in the contract cleaning industry for 7 years. The periods in paragraphs (a), (b) and (c) apply to Henry because he has completed more than 20 return periods (ie 1825 days or 5 years), but less than 40 return periods (ie 3650 days or 10 years), of relevant service.

Henry’s average weekly income for the 2 return periods before the designated day is $283. His weekly averages for the 4 and 20 return periods before the designated day are $427 and $375, respectively. Accordingly “R” is $427 because it is the highest of the weekly averages.