1) Act 2018, Administered by: Prime Minister and Cabinet, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. 6, 1981; No. (4)  If a person appointed as a Judge as defined by section 4 of the Judges’ Pensions Act 1968 was, immediately before his or her appointment, a person to whom this Act, an Act repealed by this Act or sections 73 and 74 of the Public Service Act 1922 applied, the person may, within 3 months after his or her appointment as a Judge or, if he or she was appointed as such a Judge before the commencement of this Act, within 3 months after the commencement of this Act, elect, by notice in writing to the Attorney‑General, that subsection (3) shall not apply to him or her and this Act shall then be deemed to have applied, or to apply, to and in relation to him or her in respect of any period during which he or she held or holds the appointment as if the performance of the duties of the appointment constituted employment in Government Service. (5)  Where a continuous period of employment of a person in a qualifying service has commenced after, but not more than 12 months after, the expiration of a continuous period of previous employment of the person in a qualifying service, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another. in relation to long service leave for seamen, 16 Long service leave and payments in lieu of long service leave, 17 Extended leave or pay in lieu of leave for employees not entitled to long service leave, 18 Calculation of long service leave credit, 20 Rate of salary while absent on long service leave, 21 Rate of salary in relation to pay in lieu of leave, 22 Long service leave benefits not to be granted under other laws, 23 Additional provisions relating to death of an employee, 24A Commonwealth Teaching Service—transitional. 215, 1992; No. (1)  In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988. The state long service leave obligations in the Long Service Leave Act 1958 apply to most WA businesses, including (c)  the Secretary of another Department of the Parliament established under section 54 of the, Meaning of employment in Government Service, (2A)  For the purposes of this Act, the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (within the meaning of the, (3)  Subject to subsection (4), this Act does not apply to a person in respect of any period during which he or she held or holds office as a Judge as defined by section 4 of the, (4)  If a person appointed as a Judge as defined by section 4 of the, (ab)  who is the holder of a principal executive office within the meaning of the, (f)  who holds an office or is employed under the, (b)  as a person holding an office, or employed, under the, (a)  on continuous full‑time service in the Reserves (within the meaning of the, (b)  in a part of the Reserves for such a period as was fixed by or in accordance with regulations in force under the, (a)  the employee is an officer or employee, within the meaning of the, Modifications of sections 11 and 12 in relation to service in the, means the body formerly established under that name by the, (3)  Where, during a period (in this section referred to as the, (a)  a person to whom this section applies was employed continuously in a service referred to in paragraph (a) or (b) of the definition of, (a)  a period of employment of a person after 15 September 1975 in the service of the Commonwealth as a member of the Australian Staffing Assistance Group shall not be included in his or her period of relevant employment unless it was continuous with, and immediately preceded, a period during which he or she was employed in a service referred to in paragraph (a) or (b) of the definition of, (b)  a person shall be taken not to have been employed in the service of a body, being the Commonwealth, the Independent State of Papua New Guinea or a body referred to in paragraph (b) of the definition of, (11)  A person employed in the service of the Commonwealth as a member of the Australian Staffing Assistance Group who is not so employed on transfer from the Australian Public Service under an arrangement made under section 47D of the, Award etc. (1)  In this section, unless the contrary intention appears: long service leave includes long leave, furlough, extended leave and any other leave in the nature of long service leave (however described). , in relation to a part of a period of long service leave that is granted to an employee, means the rate at which salary would be payable to him or her in respect of that part of the leave if he or she were not absent on long service leave but were continuing to be employed in the capacity in which he or she was employed on the relevant day. , in relation to an employing agency, means: (a)  if the employing agency is an Agency within the meaning of the. (a)  in relation to a prescribed teacher referred to in paragraph (a) of the definition of prescribed teacher—1 January 1974; and. (c)  section 14 of the former Statistics (Arrangements with States) Act 1956. Papua New Guinea has the same meaning as it had in the Papua New Guinea Act 1949 as in force on 15 September 1975. means the service known on 1 November 1988 as the Commonwealth Teaching Service. in relation to long service leave for seamen..................... 16.......... Long service leave and payments in lieu of long service leave.......... 17.......... Extended leave or pay in lieu of leave for employees not entitled to long service leave. Status. 13  Modifications of sections 11 and 12 in relation to service in the Independent State of Papua New Guinea. includes long leave, furlough, extended leave and any other leave in the nature of long service leave (howsoever referred to). is the number of hours of service that he or she was, on the relevant day, required by the terms of his or her employment to render during a week. The Act applies from 1 November 2018 and replaces the Long Service Leave Act 1992 (Vic) (1992 Act), following a legislative review to ensure that our long service leave laws continue to meet community expectations, are easy to understand 108, 1990; No. and, subject to subsections (3) and (4), the person shall be deemed, for the purposes of this Act, to have been employed in that service during the period of the absence. (a)  in relation to a category A employee who has been granted a period of long service leave, the 12 months of his or her period of service ending on the day before the day on which the leave commences; and. This page provides information on the provisions of the Long Service Leave Act 1958 (WA). (12)  Notwithstanding subsection (11), where a person who is employed in the service of the Commonwealth otherwise than as a member of the Australian Staffing Assistance Group has, at any time prior to his or her current period of employment, been employed by the Commonwealth as a member of that Group, the period or periods during which he or she was employed as a member of that Group prior to his or her current period of employment shall be treated as a period or periods of employment in Government Service for the purposes of this Act. For more information about any editorial changes made in this compilation, see the endnotes. 24A  Commonwealth Teaching Service—transitional. (3)  Where an employee has been employed: (a)  in 2 or more of the services referred to in paragraphs (2)(a), (b), (c), (ca), (d), (e) and (f); or. (c)  may be expressed to have effect in respect only of employment on or after a particular date, before a particular date or during a particular period. (b)  in the case of an employee who is employed by a public authority of the Commonwealth otherwise than in a permanent capacity: (i)  if the public authority has, for the purposes of this Act, fixed an age, less than 60 years, as the minimum retiring age in respect of a class of employees in which an employee is included—the age so fixed; or, (ii)  if subparagraph (i) does not apply in relation to the employee—the age of 60 years; or. Long service leave in Tasmania comes under the Long Service Leave Act 1976 (Tas) (amended 1 July 2012) (‘the Act’). 166, 1985; No. No. 18  Calculation of long service leave credit. means an employee other than a category A employee. 1 Short title. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. The changes must not change the effect of the law. (b)  if there is no employing agency that is responsible for that matter—the employing agency that is nominated in writing by the Secretary of the Department. (3)  In subsection (1), a reference to the relevant provisions is a reference to any of the following provisions: (a)  sections 7 and 8 of the Commonwealth Employees’ Furlough Act 1943; (b)  sections 54C, 73, 74, 75A, 81K and 81V of the Public Service Act 1922; and. chief executive officer, in relation to an employing agency, means: (a)  if the employing agency is an Agency within the meaning of the Public Service Act 1999—the Agency Head (within the meaning of that Act); or. (2)  A power delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the President or the Speaker or the President and the Speaker, as the case may be. 109 and 123, 1988; No. 1) (SLI No. Quick Links. (d)  shall, for the purposes of the provisions of this Act other than sections 11, 12 and 14, be deemed to have been continuously employed in a qualifying service during the period of his or her relevant employment. (6)  Notwithstanding anything contained in subsection (1) or (2), a person: (a)  who is employed by the Commonwealth in a particular capacity and remunerated, in respect of his or her employment in that capacity, by fees, allowances or commission; (i)  to constitute, or act as the person constituting, a public authority of the Commonwealth; or. (5)  Where an employee whose period of service is less than 10 years but not less than 1 year dies, the approving authority may authorize payment to a dependant of the employee of an amount equal to, or to 2 or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under subsection (2) if the employee had, on the day on which the employee died, ceased to be an employee otherwise than by reason of his or her death on, or subsequent to, his or her attaining the minimum retiring age. The ACT Long Service Leave Authority administers portable long service leave schemes for the following industries under ACT Government legislation: The schemes allow workers to move from employer to employer (and even service as a self-employed worker is accrued) without losing credit for time worked (service) in the covered industry. 96, 1997; No. Long service leave is a paid leave entitlement for employees who have worked continuously in a business for a specified period of time. (b)  in a case where he or she was employed in 2 or more services during that period—his or her employment in each such service was employment in a qualifying service. Enquiries may not be made on behalf of another person. 87, 1988; No. Expand all | Close all. is the number of months comprised in the period or the sum of the periods of long service leave (if any) previously granted to him or her; is the number of years comprised in a period equal to the period, or the sum of the periods, of his or her employment in a full‑time capacity included in the part of his or her period of service that accrued before the prescribed day; and, is the number of months comprised in the period, or the sum of the periods, of long service leave (if any) previously granted to him or her in relation to his or her full‑time service; and, is the number of years comprised in a period equal to the period, or the sum of the periods, of his or her employment in a part‑time capacity included in the part of his or her period of service that accrued before the prescribed day; and. Amending laws are annotated in the legislation history and amendment history. (1)  The regulations may provide that a person, authority, institution or body (including a company), whether incorporated or not, that is referred to in the regulations shall, for the purposes of this Act, be deemed to be, or to have been, an authority of a State. For more information on any modifications, see the series page on the Legislation Register for the compiled law. employee means a person who is to be taken, by virtue of section 10, to be employed in Government Service for the purposes of this Act. (a)  a period of employment of a person after 15 September 1975 in the service of the Commonwealth as a member of the Australian Staffing Assistance Group shall not be included in his or her period of relevant employment unless it was continuous with, and immediately preceded, a period during which he or she was employed in a service referred to in paragraph (a) or (b) of the definition of relevant service in subsection (1); and. Long service leave forms part of the National Employment Standards (NES). 10, 2001; No. (c)  in relation to a person who is, or was at the time of his or her ceasing to be an employee whether by reason of death or otherwise, employed in a Department of the Parliament established under the, (i)  the chief executive officer of the employing agency (the. 23, 2018, Registered:                                         6 April 2018. As long service leave entitlements are based on continuous service it is important that complete and accurate time and wages records are kept by the employer. (1)  The regulations may provide that allowances of specified kinds are to be included in salary for the purposes of this Act or of a provision of this Act. Full time, part time and casual employees are entitled to long service leave. 7 Taking of leave. (ii)  to be, or to act as, a member of such an authority or to be a deputy of such a member; who is remunerated, in respect of his or her performance of the duties of that appointment, by fees, allowances or commission; (ab)  who is the holder of a principal executive office within the meaning of the Remuneration Tribunal Act 1973 (other than a principal executive office prescribed for the purposes of this paragraph); (b)  who is a member of the Defence Force; (c)  who is employed by the Commonwealth in an honorary capacity; (d)  who is employed in the Public Service of a Territory, in the ACT teaching service or in the Teaching Service of the Northern Territory; (e)  who is temporarily transferred to the service of the Commonwealth from the service of a State or an authority of a State, or whose services are temporarily loaned to the Commonwealth by a State or an authority of a State; (ea)  who is temporarily transferred to the service of the Commonwealth from the service of the Australian Capital Territory or an authority of that Territory, or whose services are temporarily loaned to the Commonwealth by that Territory or an authority of that Territory; (f)  who holds an office or is employed under the Reserve Bank Act 1959 or the Commonwealth Banks Act 1959; or. If you are not employed by a business under a federal award or agreement, and feel you have an entitlement to long service leave that is not recognised, you may request an authorised person within Access Canberra to investigate your claim by completing and submitting the: Contact the Workplace Infoline at Fair Work Australia on 13 13 94 to identify if you have a Long Service Leave agreement in place. (b)  in relation to a category B employee who is granted a period of long service leave: (ii)  if the employee satisfies the approving authority that his or her average number of hours of employment per week during the relevant period is less than his or her average number of hours of employment per week throughout his or her period or periods of employment in a part‑time capacity included in his or her period of service—that last‑mentioned average number of hours. (1A)  If the employing agency (the original agency) in which a person was employed at the time of his or her ceasing to be an employee no longer exists at a later time, then the replacement agency at that later time is: (a)  the employing agency that is responsible for the matter to which the person’s duties related, or mainly related, at the time of his or her ceasing to be an employee; or. 8A Certain payments not included in salary, 10 Meaning of employment in Government Service, 13 Modifications of sections 11 and 12 in relation to service in the Independent State of Papua New Guinea, 15 Award etc. (7)  Where a continuous period of employment of a person in a service, being Government Service or a service referred to in paragraph 11(2)(c), (d), (e) or (f), has commenced after, but not immediately after, the expiration of a continuous period of previous employment of the person in such a service, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that: (a)  the termination of his or her employment at the expiration of that period of previous employment was due to ill‑health; and. 1) Act 2018, Sch 1 (items 56, 75–79): 30 Mar 2018 (s 2(1) items 7, 9), Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 88, 1993). Version. (b)  a member of the Service who became such a member after 31 December 1976 and before 1 April 1977 and was, immediately before becoming such a member, employed in the teaching service of New South Wales and engaged in full‑time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education, that is to say, education provided by way of a course of instruction or training: (i)  that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or. 50, 2006). In Tasmania, the main piece of legislation covering employees in the private sector is the Long Service Leave Act 1976 (external link) . Employers login here. The employers pay monies into the Long Service Leave Authority to cover long service leave entitlements and workers may request an estimate of their long service leave entitlements at any time. 192 of 1976 as amended, taking into account amendments up to Treasury Laws Amendment (2018 Measures No. If you require assistance or are unable to retrieve your account details, please contact the ACT Long Service Leave Authority on (02) 6247 3900. Act in force. The NES set out the entitlement to long service leave. (2)  Where there are 2 or more dependants of a deceased employee in relation to whom paragraph (1)(a) applies, the approving authority shall, in exercising the power conferred on it by subparagraph (1)(a)(i), have regard to the respective losses suffered by those dependants as a result of the loss of earnings of the employee. in relation to long service leave for seamen. (a)  an Agency within the meaning of the Public Service Act 1999; or, (b)  a public authority of the Commonwealth; or, (c)  a body covered by paragraph (6)(b); or. retrenchment, in relation to an employee, means the compulsory termination of the service of the employee for the reason that: (a)  his or her service or position is not necessary; (b)  the work for which he or she was engaged is finished; or. (2)  In the application of section 18, to and in relation to an employee: (a)  if the employee has been granted long service leave on half salary under this Act or otherwise in respect of a period of his or her employment included in his or her period of service for the purposes of this Act, the period of that leave shall be deemed to have been a period equal to half that period; (b)  if the approving authority is satisfied that long service leave that was granted to the employee otherwise than under this Act, under any of the Acts repealed by this Act or under the Public Service Act 1922 in respect of a period of employment included in his or her period of service for the purposes of this Act was not granted to him or her on full salary or half salary having regard to the terms and conditions of the employment, the period of that long service leave shall be deemed to have been such a period as is determined by the approving authority to be the period of long service leave that the employee would have been granted in respect of that employment if he or she had been granted long service leave on full salary; (c)  if the employee has been paid an amount under this Act, under any of the Acts repealed by this Act or under section 54C, 73, 74, 75A, 81K or 81V of the Public Service Act 1922 in respect of a period of employment in a full‑time capacity, or in respect of a period of employment in a part‑time capacity, that is included in his or her period of service for the purposes of this Act, the employee shall be deemed to have been granted, on the day on which that payment was made to him or her, a period of long service leave in relation to his or her full‑time service or to his or her part‑time service, as the case may be, equal to the period of long service leave on full salary in relation to which that payment was made to him or her; and. (9)  Where a continuous period of employment of a person to whom this section applies in a service of a kind referred to in paragraph 11(2)(a) or (b) has commenced after, but not immediately after, the termination of the period of his or her relevant employment, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that: (a)  the termination of his or her employment at the expiration of his or her period of relevant employment was due to his or her ill‑health; (b)  he or she was, due to his or her ill‑health, unemployed for a period immediately following the expiration of the period of his or her relevant employment; and. Explore the following pages under this section to obtain more specific information: Long service leave claim form (DOC 349KB), Long Service Leave (Portable Schemes) Act 2009, Long service leave calculation guidelines (DOC 213KB), Daylight Saving and Public Holidays in the ACT, Role of work health and safety inspectors, Accidents, incidents, first aid and emergency preparedness, Residential construction - Working at heights, Understanding safety systems on worksites, Potential for dangerous scaffolding collapse, Extreme weather events impacting scaffolding, Working on and operating electrical installations or equipment, Disposal of clinical waste - Sharps and needles, Basic electrical safety on construction sites. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The Act does not apply to certain employees who are covered by federal enterprise agreements or pre-reform awards, or by other Victorian legislation that includes long service leave entitlements, e.g. relevant day, in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences. (b)  salary is payable to him or her in respect of any part of that leave that is granted to him or her in relation to his or her part‑time service—at a weekly rate, being the lesser of: (i)  the rate that is his or her current rate of salary per week in respect of that part of the leave; and. 196, 1992), section 15 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 (No. (b)  the person shall be deemed not to have been employed in that service during the period of absence for any other purpose. The Act outlines; That from 1 July 2012 the LSL entitlement is 8 ⅔ weeks of paid leave after completing 10 years of continuous employment with the same employer. (1)  Subject to subsection (2), in the application of section 18 to and in relation to an employee: (a)  a reference to a period of long service leave granted to him or her is a reference to a period of long service leave granted to him or her, whether before or after the commencement of this Act, under this Act or otherwise in respect of a period of his or her employment that is included in his or her period of service; (b)  a reference to a period of long service leave granted to him or her in relation to his or her full‑time service is a reference to a period of long service leave granted to him or her, whether before or after the commencement of this Act, under this Act or otherwise in respect of a period of employment in a full‑time capacity that is included in his or her period of service; and. (4)  A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function. category B employee means an employee other than a category A employee. LONG SERVICE LEAVE ACT 1955 - SECT 4 Long service leave 4 Long service leave (1) Except as otherwise provided in this Act, every worker shall be entitled to long service leave on ordinary pay in respect of the service of the worker with an employer.Service with the employer before the commencement of this Act as well as service with the employer after such commencement shall be … (3)  Where, on the day on which leave is granted to an employee under this Act or an employee ceases to be an employee, the employee is also employed in a qualifying service other than Government Service, so much of his or her current period of employment in that first‑mentioned service as is or was concurrent with any of his or her employment in Government Service does not count as employment in that first‑mentioned service. (4)  The period of service of an employee does not include any period during which: (a)  he or she was or is employed in a qualifying service in an honorary capacity and was not or is not also employed in a qualifying service in some other capacity, not being employment in respect of which he or she was or is remunerated by fees, allowances or commission only; or. member of the Service has the same meaning as in the Commonwealth Teaching Service Act 1972 as in force on 1 November 1988. No. (3)  For the purposes of references in this Act to a number of months (other than a reference to a number of completed months), the number of months shall be taken to be, where appropriate, a whole number and a fraction. the approving authority may grant to him or her long service leave on full salary, to be taken so as to expire immediately before he or she is to cease to be an employee, being: (c)  in the case of a category A employee—long service leave for a period not exceeding his or her long service leave credit immediately before he or she commences that leave; or. Effective. (8)  Where a continuous period of employment of a person to whom this section applies in a service of a kind referred to in paragraph 11(2)(c), (d) or (f) has commenced after, but not immediately after, the expiration of the period of his or her relevant employment, those periods of employment shall, for the purposes of this Act, be deemed to be continuous with one another if the approving authority is satisfied that: (a)  the termination of his or her employment at the expiration of the period of his or her relevant employment was due to his or her ill‑health; and. (b)  a local governing body that was or is established by or under a law of a State. (2)  This section applies in relation to a person, being an employee, who was, immediately before 16 September 1975, employed in: (b)  the service of a body (not being an incorporated company, society or association) established for a public purpose by or under a law of Papua New Guinea; or. (a)  the approving authority may, if it has not authorized a payment or payments under subsection 16(7) or 17(5), whichever is applicable, authorize payment of an amount equal to the amount referred to in whichever of those subsections is applicable to the legal personal representative of the employee; and. 2) 1992, Sch 2 (item 71): 21 Jan 1993 (s 2(2)) Sch 5 (items 76–78): 25 Oct 1996 (s 2(1)), Workplace Relations and Other Legislation Amendment Act 1996, Sch 19 (items 26, 27): 25 Nov 1996 (s 2(1)), Australian National Railways Commission Sale Act 1997, Sch 4 (item 6): 1 Nov 2000 (s 2(5) and gaz 2000, No S562), Parliamentary Service (Consequential Amendments) Act 1997, Public Employment (Consequential and Transitional) Amendment Act 1999, Sch 1 (items 557–566): 5 Dec 1999 (s 2(1), (2)), Australian Federal Police Legislation Amendment Act 2000, Sch 2 (item 33) and Sch 3 (items 20, 26, 34): 2 July 2000 (s 2(1) and gaz 2000, No S328), Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001, Sch 2 (items 64, 65): 19 Apr 2001 (s 2(1)), Parliamentary Service Amendment Act 2005, Long Service Leave (Commonwealth Employees) Amendment Act 2006, Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008, Sch 1 (item 273): 28 Mar 2008 (s 2(1) item 2), Law Officers Legislation Amendment Act 2008, Fair Work (State Referral and Consequential and Other Amendments) Act 2009, Sch 8 (items 98–100): 1 July 2009 (s 2(1) item 24), Long Service Leave Legislation Amendment (Telstra) Act 2009, Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011, Sch 3 (item 4): 15 Feb 2012 (s 2(1) item 2), Sch 1 (item 85) and Sch 6 (items 44–46): 22 Sept 2012 (s 2(1) items 2, 37), Defence Legislation Amendment (First Principles) Act 2015, Sch 2 (items 57, 80): 1 July 2016 (s 2(1) item 2), Sch 1 (item 21): 10 Mar 2016 (s 2(1) item 2), Sch 1 (item 15): 20 Sept 2017 (s 2(1) item 2), Treasury Laws Amendment (2018 Measures No. Treasury Laws amendment ( 2018 Measures No, see the main long service leave ( employees... 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( 2 ) this section has effect as if the Australian Staffing Group. This section has effect as if the Australian Staffing Assistance Group long leave, furlough extended! The employing agency is an amendment that does not include the President the... Periods during which LSL accrues, long service entitlements as a way to recognise and acknowledge serving! Act 1981 as the Commonwealth as a way to recognise and acknowledge long serving.. Of a State nature of long service leave benefits means any benefits of the Northern Territory will become law or... Sale Act 1993 ( No the chief executive officer of the kind provided under section and... Of 60 years, many employers choose to offer long service leave is due 10! And amendments cited as the Commonwealth Teaching service Act 1972 Act 1949 in! Leave page all enquiries are shown on the Legislation Register for the compiled law provisions provisions... 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The NES set out the entitlement to long service leave part-time or casuals parties in proceedings under this Act.... 2018 - C2018A00023, 6 Meaning of authority of a State or of compiled! Employer Login: employer ID or Email: * Password: * Remember me on computer.