Cessation of employment
39 Cessation of employment
If, on application to the industry board for the relevant designated sector in the approved form, the industry board is satisfied that—
—
a designated worker has attained an effective service entitlement of
84 months or more (but less than 120 months); or
a designated worker has attained an effective service entitlement of less than 84 months and has previously had an effective service entitlement of 120 months or more; or
a designated worker has attained an effective service entitlement of
120 months or more but has not taken all of the long service leave to which the worker is entitled; and
the designated worker has—
died;
or
ceased to work as a designated worker in the relevant designated sector because of a physical or mental disability that will prevent the person from working as a designated worker in the sector for a continuous period of 12 months or more; or
ceased to work as a designated worker in the relevant designated sector and will not be working as a designated worker in the sector for a continuous period of 12 months or more (from the time when the person ceased to work as a designated worker in the sector), the industry board must pay the person (or the person's personal representative) an amount calculated as follows:
where—
A is the amount payable
OWP is the person's ordinary weekly pay applicable under this Act as at—
if the worker has died—the day of death;
in any other case—the day on which the person ceased work as a designated worker
M is the effective service entitlement (expressed in months).
If an industry board rejects an application under subsection (1), the board must give the applicant written notice of its decision in accordance with the regulations.
This Act’s bill:Second reading speech
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