Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This regulation applies if:
(a) before the reform commencement, an employee was credited with annual leave, or personal/carer's leave, in advance of the employee's service; and
(b) the leave was credited on a lump sum basis; and
(c) on the reform commencement:
(i) the employee's employment is covered by a pre‑reform award, a notional agreement preserving State awards or a contract of employment; and
(ii) the employee would be entitled to accrue and be credited with annual leave, or personal/carer's leave, in accordance with section 232, 234 or 246 of the Act.
Note After the reform commencement, an award is taken to be replaced by an instrument in the same terms (a pre‑reform award ) by operation of subclause 4 (3) of Schedule 4 to the Act to the extent that it relates to an employer as defined in subsection 6 (1) of the Act.
This regulation does not apply to a pre‑reform AWA because of the operation of clause 17 of Schedule 7 to the Act. The regulation does not apply in relation to a pre‑reform certified agreement because of the operation of clause 2 of Schedule 7 to the Act.
(2) On the reform commencement, the employee is taken not to accrue leave of the relevant type under section 232, 234 or 246 of the Act until the amount of that type of leave that the employee would have accrued is equal to the amount of that type of leave with which the employee has been credited in advance of the employee's service.
Note The effect of subregulation (2) is that the amount of leave which the employee would have accrued in accordance with the Standard will be offset against the amount of leave already credited to the employee in advance. When the amount of leave already credited has been accounted for, the accrual and crediting of leave will then occur in accordance with the Standard.
(3) Subregulation (2) ceases to have effect at the end of 2 years after the reform commencement.