Victorian Numbered Regulations

LOCAL GOVERNMENT (LONG SERVICE LEAVE) REGULATIONS 2012 (SR NO 4 OF 2012) - REG 6

    (1)     For the purposes of regulations 9(3), 9(5)(b), 9(6), 10(1), 11(3), 11(4), 11(5), 11(6) and 21(2), a member's ordinary pay must be based on the member's normal weekly number of hours of work and the member's ordinary time rate of pay as at—

        (a)     the date of accrual to the member of his or her long service leave entitlement; or

        (b)     the date the member ceased employment with a former Council—

as the case requires.

    (2)     In this regulation—

date of accrual to the member of his or her long service leave entitlement means the date on which a member is entitled to long service leave with pay or pay instead of that leave under these Regulations;

"normal weekly number of hours" means, if—

        (a)     no normal weekly number of hours is fixed for a member under the terms of his or her employment; or

        (b)     the normal weekly number of hours is fixed but is changed one or more times during the 12 months immediately before the date of accrual to the member of his or her long service leave entitlement or the date the member ceased employment with a former Council (as the case requires)—

the member's normal weekly number of hours is to be taken to be the greater of the following—

        (c)     the average weekly number of hours worked by the member during the 12 month period immediately before the date of accrual to the member of his or her long service leave entitlement or the date the member ceased employment with a former Council (as the case requires);

        (d)     the average weekly number of hours worked by the member in the 5 years immediately before the date of accrual to the member of his or her long service leave entitlement or the date the member ceased employment with a former Council (as the case requires);

"ordinary time rate of pay" means, if no ordinary time rate of pay is fixed for a member's work under the terms of his or her employment, the greater of the following—

        (a)         the average weekly rate earned by the member while actually working during the 12 month period immediately before     the date of accrual to the member of his or her long service leave entitlement or the date the member ceased employment with a former Council (as the case requires); or

        (b)     the average weekly rate earned by the member in the 5 years immediately before     the date of accrual to the member of his or her long service leave entitlement or the date the member ceased employment with a former Council (as the case requires).

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