Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For section 71 (Payment for leave) and section 72 (Payment instead of leave), the amount payable to a registered worker for, or instead of, long service leave is—
(a) for any part of the entitlement to long service leave accrued as an employee—the amount worked out in accordance with section 74; and
(b) for any part of the entitlement to long service leave accrued as a contractor—the amount worked out in accordance with section 75.
(2) For subsection (1)—
(a) long service leave must be taken in the order in which it accrued; and
(b) if payment instead of long service leave is being made—the payment is made in relation to the leave in the order in which it accrued.
Example—s 73
Chummy has 10 years of service in the building and construction industry giving him an entitlement to 13 weeks long service leave. He first worked in the industry as a registered employee and accrued 7 weeks of the entitlement in that capacity. Chummy then worked as a registered contractor and accrued 6 weeks of the entitlement in that capacity.
Chummy decides to take 9 weeks long service leave. The payment for the leave is the total of the following amounts:
• the amount calculated under section 74 where ‘D' is 1540 (ie it took 1540 days service as a registered employee to accrue the first 7 weeks of his long service leave entitlement);
• the amount calculated under section 75 which is the total of the amounts paid to authority under section 53 for his first 2.6 years work as a registered contractor (ie it took that period of service as a registered contractor to accrue the next 2 weeks of his long service leave entitlement) and the interest under section 75 on those amounts.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).