South Australian Consolidated Acts South Australian Consolidated Acts15—Crediting effective service under this Act and the Long Service Leave
Act
(1) If a person
employed as a construction worker commences work in a different capacity in
the service of the same employer, the person's continuity of service is
preserved and any period of effective service credited under this Act will be
credited to the person under the Long Service Leave Act 1987 (on the
basis that five days of effective service under this Act is equivalent to
seven days of service under the other Act) (and an effective service so
credited will then be cancelled under this Act).
(2) 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 person's
continuity of service is preserved and the period of that person's service
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 seven days
of service under the other Act is equivalent to five 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 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 effective service entitlement of the person as a
construction worker under this Act (expressed in days).
(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).