Long Service Leave Act 2018

The Industrial Division of the Magistrates' Court has—

jurisdiction to deal with an application as to whether an employee is entitled to long service leave; and

jurisdiction to deal with an application as to whether an employee (or an employee's personal representative) is entitled to a payment in lieu of long service leave; and

jurisdiction to deal with an application as to an employer's refusal to grant long service leave under section 18(2); and

jurisdiction to deal with an application as to a direction to take long service leave under section 19(1), including the length of long service leave; and

jurisdiction to deal with an application as to the rate of ordinary pay of an employee for the purposes of calculating a long service leave entitlement; and

jurisdiction to deal with an application as to an employer's refusal to grant a request under section 22(2); and

any other jurisdiction given to it by or under this or any other Act.

In determining an application under this section, the Industrial Division of the Magistrates' Court may take into account all the relevant circumstances, including the needs of the employee and the business needs of the employer.

The Industrial Division of the Magistrates' Court may make an order in relation to any matter referred to in subsection (1) and may award costs to any party to the application and assess the amount of those costs.

The Chief Magistrate, together with 2 or more Deputy Magistrates, may jointly make rules of court for or with respect to any matter relating to the practice and procedure of the Industrial Division of the Magistrates' Court.