Gladstone Power Station (Long Service Leave) Regulation 1994

Queensland Gladstone Power Station Agreement Act 1993 GLADSTONE POWER STATION (LONG SERVICE LEAVE) REGULATION 1994 Reprinted as in force on 1 July 2003 (includes commenced amendments up to 2003 SL No. 119) Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copyyw NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2004 SL No. 172 s 33

Information about this reprint This regulation is reprinted as at 1 July 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland GLADSTONE POWER STATION (LONG SERVICE LEAVE) REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Who is entitled to long service leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 How long service leave is calculated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Periods of absence without pay that count as service . . . . . . . . . . . . . . . . . . 4 6 Taking long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Minimum period of long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Public holidays during long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Illness during long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Rate of payment for long service leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Payment instead of long service leave not taken . . . . . . . . . . . . . . . . . . . . . . 6 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 3 s2 Gladstone Power Station (Long Service Leave) Regulation 1994 GLADSTONE POWER STATION (LONG SERVICE LEAVE) REGULATION 1994 [as amended by all amendments that commenced on or before 1 July 2003] 1 Short title This regulation may be cited as the Gladstone Power Station (Long Service Leave) Regulation 1994 . 2 Definitions In this regulation— “all purpose rate” has the meaning given in the award. “award” means the Gladstone Power Station Award—State. “company” means NRG Gladstone Operating Services Pty Ltd. “date of transfer” has the meaning given in the State agreement. “employee” means an employee of the company at the Gladstone Power Station after the date of transfer who is employed on a full-time, part-time or casual basis (within the meaning of the Industrial Relations Act 1990 ). “former QEC employee” means an employee who— (a) immediately before the date of transfer was employed by the Queensland Electricity Commission at the Gladstone Power Station; and (b) became an employee on the date of transfer because of the Power Station Sale Agreement. “projected roster rate” , for an employee who is a continuous shift worker taking long service leave, means the all purpose rate plus the Station standard loading. “service” means the term of continuous service (within the meaning of the Industrial Relations Act 1990 ) with the company and, for a former QEC employee, includes the term of continuous service stated in the employee’s certificate given under section 26 of the Act.

s3 4 s5 Gladstone Power Station (Long Service Leave) Regulation 1994 “Station standard continuous shift roster” means the continuous shift roster mentioned in section 4.9.2 of the award. “Station standard loading” means the average of all shift and weekend penalties (other than overtime) earned from the Station standard continuous shift roster. 3 Who is entitled to long service leave (1) An employee is entitled to long service leave if— (a) the employee completes at least 10 years service; or (b) the employee completes at least 5 years service ending when the employee— (i) dies; or (ii) resigns on or after reaching 55 years; or (iii) subject to subsection (2), resigns before reaching 55 because of ill-health. (2) An employee mentioned in subsection (1)(b)(iii) is entitled to long service leave only if the employee gives the company a certificate, from a doctor agreed between the employee and the company, stating that the employee cannot continue employment because of ill-health. 4 How long service leave is calculated An employee is entitled to long service leave calculated— (a) for a full-time employee—at the rate of 1.3 weeks on full pay for each year of service and a proportionate amount for an incomplete year of service; and (b) for a part-time or casual employee—at the rate mentioned in paragraph (a) in the proportion that the hours worked by the employee bears to the hours worked by a full-time employee. 5 Periods of absence without pay that count as service An employee’s period of service does not include a period when the employee is absent without pay other than—

s6 5 s9 Gladstone Power Station (Long Service Leave) Regulation 1994 (a) when the employee receives compensation under the Workers’ Compensation and Rehabilitation Act 2003 for an injury sustained by the employee; or (b) a period of authorised leave of not more than 2 weeks; or (c) a period of leave that the company has approved as service for this regulation. 6 Taking long service leave (1) An employee must apply for long service leave— (a) in the form approved by the company; and (b) at least 1 month before the leave is to be taken, unless the company agrees to accept a later application. (2) An employee may take long service leave only at a time mutually convenient to the company and the employee. 7 Minimum period of long service leave The minimum period of long service leave that an employee may take is 2 weeks. 8 Public holidays during long service leave An employee’s long service leave must be credited for a public holiday that falls while the employee is on long service leave if the employee is usually scheduled to work on the day. 9 Illness during long service leave If an employee is granted sick leave of at least 1 week for an illness or injury that the employee suffers while on long service leave— (a) the employee’s long service leave must be credited for the number of days of the sick leave; and (b) the period of long service leave actually taken is not subject to the minimum period requirement under section 7.

s 10 6 s 11 Gladstone Power Station (Long Service Leave) Regulation 1994 10 Rate of payment for long service leave The company must pay an employee for long service leave at— (a) for an employee who is a nominated relief shift worker—the highest of— (i) 107.5% of the all purpose rate; or (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; or (iii) if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or (b) for an employee who is a noncontinuous shift worker—the higher of— (i) 107.5% of the all purpose rate; or (ii) the all purpose rate plus the average percentage loading earned by the employee in the previous year; or (c) for an employee who is a continuous shift worker—the projected roster rate; or (d) for any other employee—the all purpose rate. 11 Payment instead of long service leave not taken (1) If— (a) an employee’s contract of employment with the company ends; or (b) an employee dies; the company must pay the employee or the deceased employee’s personal representative for the long service leave that the employee is entitled to. (2) Payment must be made at the all purpose rate. (3) The company must pay the employee for any long service leave that would have accrued had the employee taken the long service leave.

7 Gladstone Power Station (Long Service Leave) Regulation 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2003. Future amendments of the Gladstone Power Station (Long Service Leave) Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

8 Gladstone Power Station (Long Service Leave) Regulation 1994 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 1A Amendments included none to 1997 SL No. 17 Effective 25 March 1994 1 February 1997 1B to 2003 SL No. 119 1 July 2003 Reprint date 29 June 1995 21 March 1997 (Column discontinued) Notes 5 List of legislation Gladstone Power Station (Long Service Leave) Regulation 1994 SL No. 114 notfd gaz 25 March 1994 pp 1228–32 commenced on date of notification amending legislation— WorkCover Queensland Regulation 1997 SL No. 17 ss 1–2, 47 sch 6 notfd gaz 31 January 1997 pp 376–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 February 1997 (see s 2) Workers’ Compensation and Rehabilitation Regulation 2003 SL No. 119 ss 1–2, 121 sch 7 notfd gaz 20 June 2003 pp 633–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) 6 List of annotations Periods of absence without pay that count as service s 5 amd 1997 SL No. 17 s 47 sch 6; 2003 SL No. 119 s 121 sch 7 © State of Queensland 2004