Industrial Relations Act 2016

An employer must pay an employee for long service leave at the following rate—

if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate—the higher rate;

otherwise—the ordinary rate being paid to the employee immediately before the leave is taken.

An employer must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the employer’s obligation under subsection (1)(a).

If satisfied an employer has contravened subsection (2), the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.

If, during the employee’s long service leave—

the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period to which the increased rate applies; or

the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period to which the reduced rate applies.

If the employee is a seasonal employee, this section applies subject to section 107.

In this section—

usual rate means the rate—

at which the employee is being paid for ordinary time; and

that is higher than the ordinary rate.