2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Industrial Relations)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Industrial Relations)

An Act to amend legislation about long service leave

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Long Service Leave Legislation Amendment Act 2008.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Long Service Leave Act 1976.

, section 63

, section 64

consecutive 5 years

year

(a) an employee of the employer becomes entitled to 4 weeks or more of long service leave; and

This part amends the Long Service Leave (Building and Construction Industry) Act 1981.

(b) the person’s employer makes an application under section 87A (Benefits under other laws—reimbursement of employer) for reimbursement of an amount paid under a relevant provision;

(1) A registered worker must elect the law under which long service leave benefits are to be taken if the worker is eligible for long service benefits under this Act and any of the following laws:

(a) the Long Service Leave Act 1976;

(b) a corresponding law;

(c) a law prescribed by regulation for employment in the building and construction industry.

(2) If a registered worker makes an election under subsection (1), the worker must tell the authority in writing the nature of the election and the service period for which the election is made.

(3) If a registered worker elects to take long service benefits under a law mentioned in subsection (1) (a), (b) or (c) for a service period, the authority must remove from the workers register the worker’s credits for the period.

(4) However, the authority must keep a record of the deleted credits.

(1) This section applies if—

(a) a registered worker has made an election under section 87 (Benefits under other laws—election); and

(b) an employer pays the registered worker an amount under a relevant provision.

(2) The employer may apply to the authority for reimbursement of an amount paid under the relevant provision.

(3) The authority must pay the employer the amount paid under the relevant provision, less any amount outstanding that is payable by the employer to the authority, if—

(a) an application is made to the authority under subsection (2); and

(b) the governing board is satisfied that the amount paid by the employer was properly paid under the relevant provision.

(4) In this section:

relevant provision means—

(a) the Long Service Leave Act 1976, section 8 (Manner of payment for leave); or

(b) a law prescribed by regulation for employment in the building and construction industry.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.