Crediting effective service under this Act and the Long Service Leave Act 1987
35 Crediting effective service under this Act and the Long Service Leave Act 1987
This section applies if a worker changes the capacity in which they work for an employer—
from work in a designated sector to work that is not in a designated sector; or
from work that is not in a designated sector to work in a designated sector.
If a person employed as a designated 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 designated 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 1 month of effective service under this Act is equivalent to 1 month of service under that Act) (and an effective service so credited will then be cancelled under this Act).
If a person employed in a capacity other than as a designated worker commences work as a designated 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 designated 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 1 month of service under the other Act is equivalent to 1 month 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 (2);
and
the person becomes entitled to long service leave, or to a payment in lieu of long service leave, under that Act, the relevant industry board must pay to 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 the Long
Service Leave Act 1987
M is the total number of months of effective service entitlement of the person as a designated worker under this Act minus the portion of effective service entitlement representing work undertaken by the person as a designated worker in the service of any employer in the relevant designated sector other than the employer referred to in subsection (2).
If—
a person's effective service entitlement under this Act includes a period of service credited under subsection (3);
and
the person becomes entitled to long service leave, or to a payment on account of long service leave, under this Act, the relevant industry board may recover from the person's employer (being the employer referred to in subsection (3)) 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 designated worker in the relevant designated sector (expressed in days).
This section operates subject to any provision made in the regulations to take into account service for which a person has already taken long service leave or received a payment on account of long service leave.
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