South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the Industrial Relations Commission may on the application of—
(a) an
employer; or
(b) a
party to an award, agreement or scheme relating to long service leave; or
(c) a
registered association that has a proper interest in the matter,
determine that the long service leave entitlements of a particular class of
workers will be determined by reference to a particular award, agreement or
scheme rather than by reference to this Act.
(2) An application may
be made under subsection (1) in anticipation of the making of an award,
agreement or scheme.
(3) A determination
under subsection (1) has effect in accordance with its terms.
(4) A determination
will not be made under this section if the determination would disadvantage
any class of present or future workers.
(5)
Long service leave entitlements arising under an award, agreement or scheme to
which a determination under this section relates are enforceable as if they
had arisen under this Act.
(6)
The Industrial Relations Commission may revoke a determination under this
section if it is satisfied—
(a) that
the employer has failed to grant long service leave or make payments in
accordance with the award, agreement or scheme to which the determination
relates; or
(b) that
it is for some other reason inappropriate that the determination should
continue to have effect.