4BSalary to include higher duties allowance

4B Salary to include higher duties allowance

(1) For the purposes of the Act, salary includes an allowance (in this regulation called higher duties allowance) payable to a person in respect of the performance of the duties of an office having a higher classification than the person’s own office.

(2) The conditions subject to which the salary payable in accordance with section 20 of the Act to an employee in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance are:

(a) that the salary that has been paid or is payable to the employee in respect of the employee’s employment on the relevant day includes an amount in respect of higher duties allowance;

(b) that the approving authority has certified in writing that, for the period specified in the certificate, being a period that is the same as, or includes, the part of the period of long service leave in respect of which the salary is payable, the employee could, if the employee were not absent on long service leave, reasonably have been expected to perform:

(i) the duties that the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day; or

(ii) where the employee has performed, or would, but for the employee’s absence on authorized leave, have performed, for periods that were continuous with one another and with the period of long service leave, the duties of 2 or more offices each of which has a higher classification than the employee’s own classification — the duties of the office, being one of those last‑mentioned offices, specified in the certificate; and

(c) that the period specified in the certificate referred to in paragraph (b) is a period that commences on the expiration of:

(i) the relevant day; or

(ii) a period specified in a certificate given in accordance with paragraph (b) by the approving authority in respect of another part of the period of long service leave of the employee.

(3) Where:

(a) the salary payable in accordance with section 20 of the Act to an employee, being an employee referred to in subparagraph (2) (b) (ii), in respect of any part of a period of long service leave granted to the employee under section 16 or 17 of the Act is to include an amount in respect of higher duties allowance; and

(b) the approving authority has in accordance with paragraph (2) (b) specified in a certificate given in respect of that part of the period of long service leave of the employee an office other than the office the duties of which the employee was performing, or would, but for the employee’s absence on authorized leave, have performed on the relevant day;