Crediting effective service under this Act and the Long Service Leave Act
15 Crediting effective service under this Act and the Long Service Leave Act
For the purposes of this section, if a person employed as a construction worker commences work in a different capacity in the service of the same employer, the following provisions apply:
the person's continuity of service is preserved, but only in respect of the aggregate of the periods of work undertaken in each capacity in the service of that employer (and not in respect of any periods of work undertaken with any other employer);
the period of effective service credited under this Act in respect of work undertaken by the person as a construction worker in the service of that employer (but no other employer) will be credited to the person under the Long
Service Leave Act 1987 (on the basis that 5 days of effective service under this Act is equivalent to 7 days of service under the other Act) (and an effective service so credited will then be cancelled under this
Act).
For the purposes of this section, if a person employed in a capacity other than as a construction worker commences work as a construction worker in the service of the same employer, the following provisions apply:
the person's continuity of service is preserved, but only in respect of the aggregate of the periods of work undertaken in each capacity in the service of that employer (and not in respect of any periods of work undertaken with any other employer);
the period of service in respect of work undertaken by the person other than as a construction worker in the service of that employer (but no other employer) calculated in accordance with the Long
Service Leave Act 1987 up to the point of change in the nature of employment will be credited as effective service for the purposes of this Act (on the basis that 7 days of service under the other Act is equivalent to
5 days of effective service under this Act).
If—
a person's service under the Long
Service Leave Act 1987 includes a period of effective service credited under subsection (1);
and
the person becomes entitled to long service leave, or to a payment in lieu of long service leave, under that Act, the
Board must pay to the person's employer (being the employer referred to in subsection (1)) an amount calculated as follows:
where—
A is the amount payable
OWP is the person's ordinary weekly pay applicable under the Long
Service Leave Act 1987
D is the total number of days of effective service entitlement of the person as a construction worker under this Act minus the portion of effective service entitlement representing the construction work undertaken by the person in the service of any employer other than the employer referred to in subsection (1).
If—
a person's effective service entitlement under this Act includes a period of service credited under subsection (2);
and
the person becomes entitled to long service leave, or to a payment on account of long service leave, under this Act, the
Board may recover from the person's employer (being the employer referred to in subsection (2)) an amount calculated as follows:
where—
A is the amount payable
OWP is the person's ordinary weekly pay applicable under this Act
D is the person's period of continuous service accrued under the Long
Service Leave Act 1987 at the time that the person commenced work as a construction worker (expressed in days).
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