Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:10:p2
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 10 (pt 2/2)
Character Range: 82868–85387

as salary for the purposes of the Act.
 (3) If the Commissioner is of the opinion that there is a likelihood that, from and including a particular day:
 (a) an eligible employee, being a temporary employee, will perform prescribed work for a continuous period of not less than 12 months; or
 (b) where the eligible employee, being a temporary employee, has performed prescribed work for a continuous period of less than 12 months immediately preceding the particular day—the eligible employee will perform prescribed work for a continuous period of less than 12 months that together with the first‑mentioned period will not be less than a period of 12 months;
the Commissioner shall give a certificate to that effect specifying the day (not being a day earlier than the day on which the certificate is given) on which the period referred to in paragraph (a) or (b), as the case may be, in relation to the eligible employee will commence.
 (4) For the purposes of this regulation, where:
 (a) an eligible employee, being a temporary employee, performs prescribed work for a continuous period immediately preceding a period of leave of absence;
 (b) subregulation (5) does not apply in relation to the period of leave; and
 (c) immediately after the expiration of that period of leave, the eligible employee again performs prescribed work;
the period of leave shall be disregarded and the periods during which he performs prescribed work, being the period immediately preceding that period of leave and the period immediately following that period of leave, shall be treated as a continuous period.
 (5) Where:
 (a) an eligible employee, being a temporary employee, performs prescribed work immediately before a period of leave of absence; and
 (b) the salary payable to the eligible employee on each day during the period of leave of absence is higher than the basic salary of the eligible employee in respect of that day;
the eligible employee shall, for the purposes of this regulation, be deemed to perform during that period the prescribed work referred to in paragraph (a).
 (6) In subregulation (2), relevant period, in relation to an eligible employee who, being a temporary employee, performs prescribed work on a particular day, means:
 (a) if paragraph (b) does not apply—the period of 12 months immediately preceding the particular day; or
 (b) if the eligible employee has, for a continuous period of less than 12 months immediately preceding the particular day, performed prescribed work—that lesser period.