Employees to whom this Act does not apply
5 Employees to whom this Act does not apply
This Act does not apply in relation to an employee who—
is entitled to long service leave under a Victorian Act other than this Act, to the extent of any inconsistency with that other Victorian Act; or
is entitled to long service leave under an employment agreement (regardless of whether it was made before or after the commencement of this Act), to the extent of any inconsistency with that employment agreement if, in the opinion of the Industrial Division of the Magistrates' Court, the long service leave entitlements are more favourable under that agreement than those provided by this Act; or
is employed by an employer who was exempted from complying with Division 6 of Part 5 of the Long Service Leave Act 1992 under section 65 of that Act; or
S. 5(d) amended by No. 7/2024 s. 18.
is employed under Part 2.3, 2.4 or 2A.1 of the Education and Training Reform Act 2006; or
is entitled under the Construction Industry Long Service Leave Act 1997 to long service leave and to be paid benefits out of the fund within the meaning of that Act.
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