Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 20

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Long Service Leave (Commonwealth Employees) Act 1976.

Dated 25 February 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JULIA GILLARD

Minister for Employment and Workplace Relations

1 Name of Regulations

  These Regulations are the Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Long Service Leave (Commonwealth Employees) Regulations 1957

  Schedule 1 amends the Long Service Leave (Commonwealth Employees) Regulations 1957.

4 Transitional

  Regulation 5 of the Long Service Leave (Commonwealth Employees) Regulations 1957, as in force before the commencement of these Regulations, continues to have effect in relation to an award, order or agreement affecting long service leave for seamen and maritime employees made before the commencement of these Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 4D (2)

substitute

 (2) The district allowance is payable to the person on the condition that during the period of the person’s long service leave:

 (a) the person remains in the district in respect of which the allowance is payable; or

 (b) if the person is absent from the district, the person’s spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district.

[2] After subregulation 4D (3)

insert

 (4) In this regulation:

child, of a person means:

 (a) an adopted child, a stepchild or an exnuptial child of the person; or

 (b) someone who is a child of the person within the meaning of the Family Law Act 1975.

de facto partner has the meaning given by section 22A of the Acts Interpretation Act 1901.

family, of a person, is taken to include the following members:

 (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person;

 (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.

[3] Subregulation 4DA (1)

substitute

 (1) For subsection 8 (1) of the Act, salary includes an allowance payable to an employee in respect of the employee’s experience as a tradesperson, being experience gained while the person was an employee.

[4] Regulation 5

substitute

5 Prescribed class of maritime employees

  For subsection 15 (1) of the Act, the following classifications of employees are a prescribed class of maritime employees:

 (a) deck officers, including:

 (i) chief deck officers; and

 (ii) first, second, third and fourth mates;

 (b) engineer officers, including:

 (i) chief, second, third, fourth, fifth and junior engineers; and

 (ii) first, second and third electricians;

 (c) able and ordinary seafarers;

 (d) crew attendants;

 (e) lamp trimmers;

 (f) storekeepers;

 (g) greasers;

 (h) motorers;

 (i) stokers;

 (j) oil burners;

 (k) trimmers;

 (l) wipers;

 (m) boatswains;

 (n) engine and boiler operators;

 (o) deck workers;

 (p) marine stewards, including:

 (i) chief, second, extra second, second class, assistant second, third class, cabin, assistant bar and stores stewards; and

 (ii) first saloon and second class pantry cooks; and

 (iii) security guards; and

 (iv) chief saloon, head, second and third waiters; and

 (v) bar attendants; and

 (vi) storekeepers; and

 (vii) linen-keepers; and

 (viii) shop, milk bar, printing, first grade, bells, lounge, smokeroom, bedroom chief, captain’s, bridge utility, general utility, engineers’, second grade and assistant smokeroom stewards; and

 (ix) second, third and fourth pantry cooks;

 (q) marine cooks, including:

 (i) chief, senior second, second, extra second, third, fourth, ship’s, assistant ship’s and assistant cooks; and

 (ii) bakers, chief bakers and second bakers; and

 (iii) butchers, chief butchers and second butchers; and

 (iv) scullery workers; and

 (v) cook’s attendants.

[5] Further amendments

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.