South Australian Consolidated Acts

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SCHEDULE 2

Schedule 2—Effective service entitlement—electrical or metal trades

1—Interpretation

In this Schedule—

the 1990 Act means the Long Service Leave (Building Industry) Act Amendment Act 1990 ;

the prescribed period means the period of seven years immediately preceding the commencement of the 1990 Act.

2—Application of Schedule

This Schedule applies to a person who becomes a construction worker on the commencement of the 1990 Act by virtue of the application of this Act to persons employed in the electrical and metal trades industry.

3—Crediting of effective service entitlement

        (1)         A person to whom this Schedule applies is, on the commencement of the 1990 Act, in respect of service in the electrical and metal trades industry before that commencement, entitled to be credited with an effective service entitlement calculated on the basis that—

            (a)         any service that occurred during the prescribed period; and

            (b)         in the case of a person who was continuously employed by the same employer over the whole of the prescribed period—any service with that employer over a continuous period up to the commencement of the prescribed period,

will give rise to an effective service entitlement equal to two-thirds of the effective service entitlement that would accrue under this Act in respect of comparable service in the building industry.

        (2)         Subsection (1) is subject to the following qualifications:

            (a)         a person will not be credited with an entitlement for any service for which he or she has taken long service leave, or received a payment on account of long service leave, under an award or agreement in force before the commencement of the 1990 Act; and

            (b)         if, immediately before the commencement of the 1990 Act, the person had an entitlement to long service leave (or an entitlement to receive a payment on account of long service leave) under an award or agreement by virtue of completing 15 years (or more) service with the same employer, the person will not be credited with an entitlement under this Act in respect of that service.