Gladstone Power Station Agreement Regulation 2016

This regulation may be cited as the Gladstone Power Station Agreement Regulation 2016.

This regulation commences on 1 September 2016.

The dictionary in schedule 1 defines particular words used in this regulation.

An employee is entitled to long service leave if the employee completes—

at least 10 years service; or

at least 5 years service ending when the employee—

dies; or

resigns on or after reaching 55 years; or

resigns before reaching 55 years because of ill-health.

However, an employee mentioned in subsection (1)(b)(iii) is entitled to long service leave only if the employee gives the company a certificate from a doctor agreed between the employee and the company that states the employee can not continue employment because of ill-health.

An employee is entitled to long service leave calculated—

for a full-time employee—at the rate of 1.3 weeks on full pay for each year of service and a proportionate amount for an incomplete year of service; or

for a part-time or casual employee—at the rate mentioned in paragraph (a) in the proportion that the hours worked by the employee bears to the hours worked by a full-time employee.

An employee’s period of service does not include a period when the employee is absent without pay, other than—

a period during which the employee is receiving compensation under the Workers’ Compensation and Rehabilitation Act 2003 for an injury, within the meaning of that Act, sustained by the employee; or

a period of authorised leave of not more than 2 weeks; or

a period of leave that the company has approved as service for this part.

An employee must apply for long service leave—

in the form approved by the company; and

at least 1 month before the leave is to be taken, unless the company agrees to accept a later application.

An employee may take long service leave only when it is mutually convenient to the company and the employee.

The minimum period of long service leave that an employee may take is 2 weeks.

An employee’s long service leave must be credited for a public holiday that falls while the employee is on long service leave if the employee is usually scheduled to work on the day.

If an employee is granted sick leave of at least 1 week for an illness or injury that the employee suffers while on long service leave—

the employee’s long service leave must be credited for the number of days of the sick leave; and

the period of long service leave actually taken is not subject to the minimum period requirement under section 8.

The company must pay an employee for long service leave at—

for an employee who is a nominated relief shift worker—the highest of the following—

107.5% of the all purpose rate;

the all purpose rate plus the average percentage loading earned by the employee in the previous year;

if the employee has worked 26 or more weeks of continuous shift work immediately before the leave is taken—the Station standard continuous shift roster rate; or

for an employee who is a noncontinuous shift worker—the higher of the following—

107.5% of the all purpose rate;

the all purpose rate plus the average percentage loading earned by the employee in the previous year; or

for an employee who is a continuous shift worker—the projected roster rate; or

for any other employee—the all purpose rate.

In this section—

projected roster rate means the all purpose rate plus the Station standard loading.

Station standard continuous shift roster means the roster mentioned in section 6.12.2 of the award.

Station standard loading means the average of all shift and weekend penalties (other than overtime) earned from the Station standard continuous shift roster.

This section applies if—

an employee’s contract of employment with the company ends; or

an employee dies.

The company must pay the employee or the deceased employee’s personal representative for the long service leave that the employee is entitled to.

Payment must be made at the all purpose rate.

The company must pay the employee for any long service leave that would have accrued had the employee taken the long service leave.