Victorian Consolidated Legislation

LONG SERVICE LEAVE ACT 1992

No. 83 of 1992
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY MATTERS

   1.      Purpose
   2.      Commencement
   3.      Repealed
   4.      Definitions
   5.      Repealed
   6.      Act binds the Crown
   7.      Application of Act

   PARTS 2-4-Repealed

           8-37. Repealed

   PART 5-PROVISIONS CONCERNING SPECIFIC INDUSTRIAL MATTERS

           Divisions 1-5-Repealed

           38-55. Repealed

           Division 6-Long service leave

   56.     Basic entitlement to long service leave
   56A.    Entitlement to long service leave after 10 years
   57.     Additional entitlement to long service leave if employment stops after 15 years
   58.     Entitlement to long service leave if employment stops after 7 years
   59.     Definition of employer and employee
   60.     Meaning of one employer
   61.     Employer may apply to reverse the effect of section 60(5)
           and (8)
   62.     Meaning of continuous employment
   62A.    Meaning of continuous employment for casual and seasonal employees
   63.     Whether interruptions are to be included in the period of employment
   64.     Meaning of ordinary pay
   65.     Employees to whom this Division does not apply
   66.     When leave is to be taken
   67.     Leave period may be split
   68.     Payment while on leave
   69.     Pay increases while on leave
   70.     Long service leave to be exclusive of annual leave and public holidays
   71.     Leave in advance
   71A.    Leave at half pay
   72.     What is to happen if employment ends before leave taken
   73.     What is to happen if the employee dies before leave is taken
   74.     Payments in lieu forbidden
   75.     Settlement of disputes concerning leave
           76, 77. Repealed
   78.     Offences concerning leave
   79.     Contracting out prohibited
   80.     Records
   81.     Money due to employee to be treated as arrears of pay

   PART 6-PRESERVATION OF SUPERIOR LONG SERVICE LEAVE ENTITLEMENTS

   82.     Application of Part
   83.     Definition of award
   84.     Preservation

   PART 7-PRESERVATION OF ACCRUED LONG SERVICE LEAVE ENTITLEMENTS

   85.     Definitions for this Part
   86.     Protection of accrued entitlements

   PART 8-DISCLOSURE REQUIREMENTS FOR WORKPLACE AGREEMENTS

   87.     Disclosure of unfair long service leave entitlements
   88.     Civil penalty

   PART 9-EMPLOYMENT TERMINATED OR PREJUDICED

   89.     Definition
   90.     Employment not to be terminated or prejudiced for exercising rights under this Act
   91.     Reversal of onus of proof in certain circumstances
   92.     Civil penalty
   93.     Reimbursement, reinstatement and compensation

   PARTS 10-14-Repealed

           94-152. Repealed

   PART 15-PROSECUTIONS, EVIDENCE AND RECOVERY OF MONEY

   153.    Proceedings for offences to be brought in Industrial Division
           of the Magistrates' Court
   154.    Who can prosecute under this Act?
   155.    Judicial notice of signatures
           156, 157. Repealed
   158.    Conduct of agents imputed to corporations
   158A.   Conduct of corporations imputed to directors
   159.    Reverse onus of proof in certain cases
   160.    Recovery of money owed
   161.    Court may order payment of arrears on conviction
   162.    Repealed

   PART 16-MISCELLANEOUS OFFENCES AND PROVISIONS

   163.    Repealed
   164.    Attempting, aiding, inducing etc. offences
           165-167. Repealed
   168.    Supreme Court-limitation of jurisdiction

   PART 17-REGULATIONS

   169.    Regulations

   PART 18-Repealed

           170-184. Repealed
           __________________
           1-6-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details