LONG SERVICE LEAVE ACT 1955 - SECT 12
Recovery of long service leave pay
LONG SERVICE LEAVE ACT 1955 - SECT 12
Recovery of long service leave pay
12 Recovery of long service leave pay
(1) Any worker may apply to the Local Court, or to the Supreme Court, for an
order directing the employer to pay to the worker the full amount of any
payment which has become due to the worker under this Act at any time during
the period of 6 years immediately preceding the date of the application but
not earlier than 2 years before the date of assent to the Long Service Leave
(Amendment) Act 1980 .
The Local Court or Supreme Court may make any order it thinks just in the
matter and may award costs to either party, and assess the amount of such
costs.
(2) In any case where the worker is a person employed to do any work
for which the price or rate has been fixed by an award or agreement,
proceedings under this section may, with the consent in writing of the worker,
be taken by the secretary or other officer of an industrial organisation of
employees within the meaning of the Industrial Relations Act 1996 concerned
in the industry to which the award or agreement relates, in the name and on
behalf of the worker.
Any amount ordered to be paid in proceedings under this subsection may be paid
to the secretary or other officer and the receipt of the secretary or other
officer shall be a sufficient charge to the employer for the amount mentioned
in the receipt.
Any amount so paid to the secretary or other officer (less any costs properly
incurred in connection with the proceedings and not paid by the employer)
shall be held by the secretary or other officer on trust for the worker on
whose behalf the proceedings were taken.