Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8d:p2
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8D (pt 2/4)
Character Range: 30663–33149

that period when the person was entitled to receive shift allowance;
  was payable to the person at a rate that is not the same as the rate at which shift allowance would be payable to the person:
 (iii) in respect of the same work or duties if the person performed that work or those duties during the same relevant hours on the particular day; or
 (iv) if the person were on leave of absence on the particular day;
  as the case may be—the total amount of shift allowance that would have been payable to the person in respect of:
 (v) work or duties performed during the pay periods in relation to the person included in the period of 12 months immediately preceding the particular day; and
 (vi) periods of leave of absence included in that period when the person was entitled to receive shift allowance;
  if shift allowance in respect of the work or duties referred to in subparagraph (i) or in respect of the period of leave of absence referred to in subparagraph (ii) had been payable to the person at the last‑mentioned rate; or
 (h) if, at any time during the period of 12 months immediately preceding the particular day, the person was an approved part‑time employee—the amount ascertained in accordance with the formula:

  where:
  E is:
 (i) in the case of a person in relation to whom paragraph (f) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph; or
 (ii) in the case of a person in relation to whom paragraph (g) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph;
  F is the total number of hours that would have been the normal hours of duty of the person during that period of 12 months if during the whole of that period the person had performed his or her work or duties on a full‑time basis; and
  G is the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person during that period of 12 months, were the normal hours of duty of the person during that period.
 (2) For the purposes of subregulation (1):
 (a) the reference in the definition of A to the amount of salary paid or payable to a person in respect of a pay period in relation to the person is a reference to:
 (i) in a case where subparagraph (ii) does not apply—the amount of salary (within the meaning of section 5 of the Act) paid or payable to the person in respect of the pay period or, if during the whole