Portable Long Service Leave Act 2024

This clause applies in relation to an employer in the community services sector immediately before the designated day.

The following provisions apply in respect of each employee (if any) of the employer who, on the designated day, becomes a designated worker and who, immediately before the designated day, has an entitlement to long service leave, or to a payment in respect of long service leave, accrued under the Long

subject to the regulations, the employer is liable to pay to the Board an amount equal to the amount that would be payable by the employer if the employee's accrued entitlement under the Long

subject to the regulations, the amount will be payable by the employer when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day that relates to long service leave accrued under the Long

when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day that relates to long service leave accrued under the Long

the amount paid (or payable) by the employer under this subclause will be applied (wholly or in part) towards the payment to be made to the designated worker on account of the long service leave or in respect of long service leave (with the intention that this will be applied to reflect the extent to which the payment corresponds to the entitlement accrued under the Long

the amount payable to the designated worker will be determined in accordance with the regulations to take into account—

the value of the amount paid or payable by the employer under this subclause; and

the extent to which the amount payable to the designated worker corresponds to the entitlement accrued under the Long

any provision made by the regulations relating to the calculation of the designated worker's ordinary weekly pay (which may be a variation on what would otherwise apply under this Act);

the employer must provide to the Board such information as the Board may require to calculate any amount payable under this subclause;

if the Board makes a payment to the designated worker under this subclause before the employer makes a payment to the Board under this subclause, the liability of the employer to make a payment to the Board is not extinguished on account of the payment.

The following provisions apply in respect of each employee (if any) of the employer who, on the designated day, becomes a designated worker and who, immediately before the designated day, does not have an entitlement to long service leave, or to a payment in respect of long service leave, accrued under the Long

if the designated worker becomes entitled to long service leave, or a payment in respect of long service leave, under this Act and the designated worker's effective service entitlement includes a period of service credited under clause 6, the employer is liable to pay to the Board an amount calculated under the regulations to reflect the extent to which the designated worker's period of service credited under clause 6 applies;

subject to the regulations, the amount will be payable by the employer when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day (and the amount may be paid in 2 or more instalments depending on the extent to which the long service leave or payment to the designated worker corresponds to the period of service credited under clause 6);

the amount payable to the designated worker on account of the long service leave or in respect of long service leave will be determined in accordance with the regulations to take into account—

the value of the amount paid or payable by the employer under this subclause; and

the extent to which the designated worker's period of service credited under clause 6 applies; and

any provision made by the regulations relating to the calculation of the designated worker's ordinary weekly pay (which may be a variation on what would otherwise apply under this Act);

the employer must provide to the Board such information as the Board may require to calculate any amount payable under this subclause;

if the Board makes a payment to the designated worker under this subclause before the employer makes a payment to the Board under this subclause, the liability of the employer to make a payment to the Board is not extinguished on account of the payment;

the regulations may provide that this subclause does not apply to an employer, or an employer of a prescribed class, in circumstances prescribed by the regulations.

For the purposes of this clause, a person who has completed at least

An entitlement or liability under this clause operates subject to the operation of clause 6(3).

This clause does not apply if an employer and an employee agree to the employer making a payment to the employee to extinguish a liability under the Long

An agreement under subclause (6) must—

be entered into within 3 months after the designated day; and

be in writing and signed by the employer and the employee; and

be provided to the Board in accordance with the regulations.

The regulations may make additional provisions in connection with the operation of this clause, including to facilitate or give effect to other arrangements that relate to the interaction between this Act and the Long