Document ID: chunk:federal_register_of_legislation:C2023A00043:clause:6_9
Version: federal_register_of_legislation:C2023A00043
Segment Type: clause
Provision Reference: sch 6 cl 9
Character Range: 29542–30322

9  Before subsection 39AC(3)
Insert:
 (2) If a casual employee takes a period of long service leave, the employer must pay the employee for the long service leave no less than an amount that is equal to:
 (a) if an industrial instrument that covers the employee specifies that the employee is to be paid a casual loading and the casual loading can be quantified—the base rate of pay (including incentive‑based payments, bonuses and the casual loading) that would have been payable to the employee during the period had the employee not taken the leave; or
 (b) otherwise—the ordinary rate of pay (including incentive‑based payments and bonuses) that would have been payable to the employee during the period had the employee not taken the leave.
Civil penalty: 60 penalty units.