CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 15
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 15
15—Crediting effective service under this Act and the Long Service Leave
Act
(1) For the purposes
of this section, if a person employed as a construction worker commences work
in a different capacity in the service of the same employer, the following
provisions apply:
(a) the
person's continuity of service is preserved, but only in respect of the
aggregate of the periods of work undertaken in each capacity in the service of
that employer (and not in respect of any periods of work undertaken with any
other employer);
(b) the
period of effective service credited under this Act in respect of work
undertaken by the person as a construction worker in the service of that
employer (but no other employer) will be credited to the person under the
Long Service Leave Act 1987 (on the basis that 5 days of
effective service under this Act is equivalent to 7 days of service under the
other Act) (and an effective service so credited will then be cancelled under
this Act).
(2) For the purposes
of this section, if a person employed in a capacity other than as a
construction worker commences work as a construction worker in the service of
the same employer, the following provisions apply:
(a) the
person's continuity of service is preserved, but only in respect of the
aggregate of the periods of work undertaken in each capacity in the service of
that employer (and not in respect of any periods of work undertaken with any
other employer);
(b) the
period of service in respect of work undertaken by the person other than as a
construction worker in the service of that employer (but no other employer)
calculated in accordance with the Long Service Leave Act 1987 up to the
point of change in the nature of employment will be credited as
effective service for the purposes of this Act (on the basis that 7 days of
service under the other Act is equivalent to 5 days of effective service
under this Act).
(3) If—
(a) a
person's service under the Long Service Leave Act 1987 includes a period
of effective service credited under subsection (1); and
(b) the
person becomes entitled to long service leave, or to a payment in lieu of long
service leave, under that Act,
the Board must pay to the person's employer (being the employer referred to in
subsection (1)) an amount calculated as follows:
where—
"A" is the amount payable
"OWP" is the person's ordinary weekly pay applicable under the
Long Service Leave Act 1987
"D" is the total number of days of effective service entitlement of the person
as a construction worker under this Act minus the portion of effective service
entitlement representing the construction work undertaken by the person in the
service of any employer other than the employer referred to in
subsection (1).
(4) If—
(a) a
person's effective service entitlement under this Act includes a period of
service credited under subsection (2); and
(b) the
person becomes entitled to long service leave, or to a payment on account of
long service leave, under this Act,
the Board may recover from the person's employer (being the employer referred
to in subsection (2)) an amount calculated as follows:
where—
"A" is the amount payable
"OWP" is the person's ordinary weekly pay applicable under this Act
"D" is the person's period of continuous service accrued under the
Long Service Leave Act 1987 at the time that the person commenced work as
a construction worker (expressed in days).