Long Service Leave (Portable Schemes) Act 2009

This section applies in relation to an employee’s service in a covered industry for work in the industry if—

the employee is a registered worker in a covered industry; and

the employee’s employer has failed to give the authority a return (a quarterly return) under section 49; and

the employee’s employer ceases to trade in the ACT.

The registrar may credit the employee with 1 day of service in the workers register for the covered industry for each day of the employee’s service in the covered industry, up to a maximum of 1 year, if the registrar is satisfied that—

the employee was employed in the covered industry; and

a quarterly return has not been given to the authority in relation to the employee’s day of service.

Example

Belinda worked in the security industry for Moonlight Security Pty Ltd for 30 days in the quarter before the company ceased trading and went into liquidation without giving a return to the authority for the period Belinda worked. She then started work in the same covered industry for Bob the Bouncer for 45 days. Bob the Bouncer also failed to give a return in relation to Belinda’s employment, but continues to operate in the industry. The registrar is satisfied that Belinda works as an employee in the security industry, and that quarterly returns have not been given to the authority in relation to Belinda’s employment with either employer. The registrar may credit Belinda in the workers register for the security industry with 75 days (being less than 1 year) of service.