Contracting out prohibited
23 Contracting out prohibited
S. 23(1) amended by No. 14/2021 s. 76(1).
A provision in an employment agreement or a relevant deed that annuls, varies or excludes any provision of this Act or of the Long Service Leave Act 1992 is of no effect, regardless of whether the employment agreement or relevant deed was made before or after the commencement of this Act.
S. 23(2) amended by No. 14/2021 s. 76(2).
This section does not affect any provision of an employment agreement or a relevant deed (regardless of whether it was made before or after the commencement of this Act), to the extent of any inconsistency with this Act if, in the opinion of the Industrial Division of the Magistrates' Court, the long service leave entitlements are more favourable under the agreement or the deed than those provided by this Act.
S. 23(3) inserted by No. 14/2021 s. 76(3).
In this section—
employee includes a former employee;
employer includes a former employer;
relevant deed means a deed or agreement between an employer and an employee, however that deed or agreement is named, that is executed at any time before, during or after the employment of the employee.
Note
A deed of settlement between a former employer and a former employee is an example of a relevant deed.
This Act’s bill:Explanatory memorandumSecond reading speech
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