Issues & Policy

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Leave Regulations

The Annual Holidays Regulation 2005, Long Service Leave Regulation 2005 and the Long Service Leave (Metalliferous Mining Industry) Regulation 2005 commenced on 1 September 2005

The Annual Holidays Act 1944, Long Service Leave Act 1955 and the Long Service (Metalliferous Mining Industry) Act 1963 provide that bonuses received by a worker are not to be taken into account for the purposes of annual/long service leave payments if the ordinary annual pay of the worker (excluding bonuses) exceeds the amount prescribed by the regulations.

The 2005 Regulations provide for the prescribed amount of $120,000 which was set in the 2000 Regulations (and which are now being repealed under the staged repeal program of the Subordinate Legislation Act 1989) to be increased to $144,000 in line with inflationary wages trends.