LONG SERVICE LEAVE ACT 1976 - NOTES

LONG SERVICE LEAVE ACT 1976 - NOTES

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1 defines the following terms:

              •     ACAT

              •     director-general (see s 163)

              •     function

              •     month

              •     notifiable instrument (see s 10)

              •     public employee

              •     public holiday

              •     public servant

              •     reviewable decision notice.

"agreement" means an enterprise agreement made under the Fair Work Act 2009

(Cwlth).

"approved training contract—"see the Training and Tertiary Education Act 2003

, dictionary.

"associated company" means a company that is a subsidiary, holding company or related body corporate under the Corporations Act

, section 9.

"authorised officer" means a person who is an authorised officer under section 13A.

"award" means a modern award or workplace determination made under the Fair Work Act 2009

(Cwlth).

"casual employee" means a person who is, from time to time offered regular and systematic employment on the basis that the offer of employment might be accepted or rejected and in circumstances where it could be expected by that person that further employment of the same type would or might be offered and accepted, but in respect of which there is no certainty about the period over which it would continue to be offered.

"continuous service", in relation to an employee, includes—

        (a)     a period of annual leave or long service leave; and

        (b)     a period of leave, not exceeding 2 weeks in any 1 year, taken because of illness or injury; and

        (c)     a period during which the service of the employee is interrupted or ended by his or her employer with the intention of avoiding the granting of long service leave; and

        (d)     for an employee who begins service with an employer within 1 year after the day the employee's apprenticeship, or an approved training contract, with the employer ends—the period of the apprenticeship or approved training contract.

"employee"—

        (a)     includes—

              (i)     a person who is remunerated at piecework rates; and

              (ii)     a part-time employee; and

              (iii)     a casual employee; but

        (b)     does not include—

              (i)     a public employee; or

              (ii)     a person employed by a member of the Legislative Assembly under the Legislative Assembly (Members' Staff) Act 1989

, section 10.

"ordinary remuneration", in relation to an employee, means the sum of—

        (a)     the salary or wages payable to the employee; and

        (b)     any allowances payable to the employee in respect of skill, qualifications, board and lodging; and

        (c)     any amounts payable to the employee under a bonus, performance pay or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages; and

        (d)     where the employee is provided with board and lodging by his or her employer, an amount equal to the value of that board and lodging.

"period of service"—see section 2G (Periods of service).

"salary or wages" does not include—

        (a)     payments in respect of overtime; or

        (b)     payments at penalty rates of pay; or

        (c)     allowances which, under an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key