CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 14
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 14
14—Effective service entitlement
(1) Subject to this
Act, a construction worker's entitlement to long service leave, or payment on
account of long service leave, is determined according to his or her aggregate
effective service entitlement.
(2) A person will be
credited with one day of effective service—
(a) for
each day that he or she works as a construction worker; and
(b) for
each day of a period of allowable absence,
(and the aggregate of those days of effective service will be the worker's
aggregate effective service entitlement).
(2a) However, a person
cannot be credited with more than five days of effective service in any week
(and accordingly cannot be credited with more than 260 days of
effective service in a financial year).
(3) Where—
(a) a
construction worker who has an effective service entitlement of less than
2 600 days is dismissed from employment as a construction worker; and
(b)
the Board is satisfied, after affording the former construction worker and his
or her former employer an opportunity to be heard, that the construction
worker was properly dismissed on the ground of serious and wilful misconduct,
any effective service entitlement of the worker accrued in that employment is
cancelled.
(4) Where—
(a) a
construction worker has an effective service entitlement of less than
1 820 days; and
(b) the
construction worker has not previously had an effective service entitlement of
2 600 days or more; and
(c) the
construction worker ceases to be employed as such for a continuous period that
is equal to, or longer than, the prescribed period for some reason other than
physical or mental disability and no right to preservation of the
effective service entitlement arises under this Act,
the effective service entitlement will be cancelled (but the subsection does
not apply where the construction worker continues in employment by the person
in whose employment the entitlement accrued (either wholly or in part) or
where the construction worker continues to be employed by an employer within
the construction industry).
(5) Where a person
takes long service leave, or receives a payment on account of long service
leave, the person's effective service entitlement is reduced accordingly.