Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Annual Holidays Act 1944.

GREG PEARCE, MLC

Minister for Finance and Services

Explanatory note

The object of this Regulation is to remake, with minor amendments, the provisions of the Annual Holidays Regulation 2005, which is repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.

The Annual Holidays Act 1944 provides that bonuses form part of the ordinary pay of a worker for the purposes of payment for annual leave unless the ordinary annual pay of the worker (excluding bonuses) exceeds an amount prescribed by the regulations. This Regulation prescribes the annual amount as $144,000 (being the same amount that was prescribed under the Annual Holidays Regulation 2005 immediately before its repeal).

This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public.

This Regulation is made under the Annual Holidays Act 1944, including sections 2 (6) and 15 (the general regulation-making power).

1   Name of Regulation

This Regulation is the Annual Holidays Regulation 2011.

2   Commencement

This Regulation commences on 1 September 2011 and is required to be published on the NSW legislation website.

Note. This Regulation replaces the Annual Holidays Regulation 2005 which is repealed on 1 September 2011 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation, the Act means the Annual Holidays Act 1944.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Calculation of ordinary pay for payment of leave: bonuses

For the purposes of section 2 (6) of the Act, the prescribed annual amount of a worker’s ordinary pay is $144,000.

Note. The Annual Holidays Act 1944 provides that bonuses paid to workers are to form part of the ordinary pay of a worker for the purposes of payment for annual leave. Section 2 (6) of that Act provides that bonuses received by a worker are not to be taken into account if the ordinary annual pay of the worker (excluding bonuses) exceeds the amount prescribed by the regulations. This clause prescribes that amount.

5   Savings

Any act, matter or thing that, immediately before the repeal of the Annual Holidays Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Annual Holidays Regulation 2011 (448). LW 26.8.2011. Date of commencement, 1.9.2011, cl 2.