Australian Capital Territory Consolidated Acts

LONG SERVICE LEAVE (BUILDING AND CONSTRUCTION INDUSTRY) ACT 1981 - SECT 69

    (1)     The employer of a registered employee commits an offence if—

        (a)     the employee's long service leave accrues; and

        (b)     the employer does not grant the employee the long service leave before the end of the prescribed period.

Maximum penalty: 50 penalty units.

    (2)     Long service leave must not be granted for a period of less than 2 weeks.

    (3)     The employer of a registered employee commits an offence if—

        (a)     the employer has granted the employee long service leave; and

        (b)     the employer does not give the employee a written statement of the day when the long service leave starts and ends—

              (i)     at least 2 months before the day when the long service leave starts; or

              (ii)     if the employer and employee agree on a shorter period—before the start of the period agreed.

Maximum penalty: 50 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"prescribed period", for long service leave accrued by a registered employee of an employer, means—

        (a)     6 months after the day the leave accrues; or

        (b)     if the governing board has allowed, on application by the employer or the employee, a period longer than 6 months—the period allowed by the board; or

        (c)     if the employer and employee agree on a period longer than 6 months—the period agreed.