Common use of Higher Rate Prior to Long Service Leave Clause in Contracts

Higher Rate Prior to Long Service Leave. Provided that, in the case of an employee who immediately before the period of long service leave is being paid for ordinary time worked by the employee at a rate in excess of the rate payable under this Agreement, the long service leave shall be paid for at that excess rate as ordinary time deemed for the purpose of such payment at such excess rate to be worked continuously by that employee during the period of long service leave except that, if the rate payable under this Agreement is varied during the period of long service leave, then: (a) if the variation increases the rate payable under this Agreement to an amount greater than the higher rate, the long service leave shall be paid for at that increased rate for any part of the period in respect of the increased rate: or (b) if the variation decreases the rate payable under this Agreement, the long service leave may be paid for at the higher rate less the whole or any portion of the decrease for any part of the period in respect of the amount of the decreased rate.

Higher Rate Prior to Long Service Leave. Provided that, in the case of an employee who immediately before the period of long service leave is being paid for ordinary time worked by the employee at a rate in excess of the rate payable under this Agreement, the long service leave shall be paid for at that excess rate as ordinary time deemed for the purpose of such payment at such excess rate to be worked continuously by that employee during the period of long service leave except that, if the rate payable under this Agreement agreement is varied during the period of long service leave, then: (a) if the variation increases the rate payable under this Agreement to an amount greater than the higher rate, the long service leave shall be paid for at that increased rate for any part of the period in respect of the increased rate: or (b) if the variation decreases the rate payable under this Agreement, the long service leave may be paid for at the higher rate less the whole or any portion of the decrease for any part of the period in respect of the amount of the decreased rate.

Higher Rate Prior to Long Service Leave. Provided that, in the case of an employee who immediately before the period of long service leave Long Service Leave is being paid for ordinary time worked by the employee at a rate in excess of the rate payable under this Agreement, the long service leave Long Service Leave shall be paid for at that excess rate as ordinary time deemed for the purpose of such payment at such excess rate to be worked continuously by that employee during the period of long service leave Long Service Leave except that, if the rate payable under this Agreement is varied during the period of long service leaveLong Service Leave, then: (a) if the variation increases the rate payable under this Agreement to an amount greater than the higher aforesaid excess rate, the long service leave shall be paid for at that increased rate for any part of the period thereof in respect of the increased rate: ; or (b) if the variation decreases the rate payable under this Agreement, the long service leave Long Service Leave may be paid for at the higher rate less the whole or any portion of the decrease for any part of the period in respect of the amount of the decreased rate.