Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8d:p1
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8D (pt 1/4)
Character Range: 28383–30877

8D  Annual rate of salary of eligible employee who has received shift allowance on a regular basis during period of 12 months
 (1) Where:
 (a) a person is on a particular day, and has been for a continuous period of not less than 12 months immediately preceding that day, an eligible employee;
 (b) the person (whether or not he or she is on the particular day a prescribed eligible employee) was, during the whole or any part of the period of 12 months immediately preceding that day, a prescribed eligible employee; and
 (c) shift allowance has been payable on a regular basis to the person during the period referred to in paragraph (b);
the annual rate of salary of the person on the particular day shall, for the purposes of the Act, be an amount equal to whichever is the less of:
 (d) the amount per annum ascertained in accordance with the formula:
  ; and
 (e) the amount per annum ascertained in accordance with the formula:

where:
A is the highest amount of salary paid or payable to the person in respect of a pay period in relation to the person included in the period of 12 months immediately preceding the particular day;
B is the number of pay periods in relation to the person included in the period of 12 months immediately preceding the particular day;
C is the annual rate of the salary (within the meaning of section 5 of the Act) that would be payable to the person on the particular day if the salary or wages payable to the person on that day did not include an amount in respect of shift allowance; and
D is:
 (f) if paragraph (g) or (h) does not apply—the total amount of shift allowance paid or payable to the person in respect of:
 (i) 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
 (ii) any period of leave of absence during that period when the person was entitled to receive shift allowance;
 (g) if paragraph (h) does not apply and shift allowance:
 (i) in respect of work or duties performed by the person during specified hours of duty (in this paragraph referred to as the relevant hours) on any day during the period of 12 months immediately preceding the particular day; or
 (ii) in respect of any period of leave of absence during 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