LONG SERVICE LEAVE ACT 1992

Victorian Consolidated Legislation

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LONG SERVICE LEAVE ACT 1992 - NOTES

No. 83 of 1992
Version incorporating amendments as at 1 July 2009

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 29 October 1992
Legislative Council: 6 November 1992
The long title for the Bill for this Act was "A Bill to make fresh provision with respect to the law relating to employee relations in Victoria, to repeal the Industrial Relations Act 1979 and the Hospitals Remuneration Tribunal Act 1978, to amend the Trade Unions Act 1958, the House Contracts Guarantee Act 1987 and the Magistrates' Court Act 1989 and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 29 October 1992
Legislative Council: 6 November 1992
Absolute majorities:
Legislative Assembly: 5 November 1992 and 12 November 1992
Legislative Council: 11 November 1992
The Employee Relations Act 1992 was assented to on 24 November 1992 and came into operation as follows:
Sections 1, 2 on 24 November 1992: s. 2(1); ss 3-19, 53-55, 163, 164, 168, 169, 179(3), 180, 183, Sch. 1 on 27 November 1992; ss 36, 37, 51, 52, 
105-110, 113(3), 153-161, 179(2), 181, Schs 2, 4 on 4 January 1993; rest of Act (except ss 88, 172(2)) on 1 March 1993: Special Gazette (No. 63) 27 November 1992 page 1; ss 88, 172(2) on 4 January 1993: Government Gazette 9 December 1992 page 3680.
The name of this Act was changed from the Employee Relations Act 1992 to the Long Service Leave Act 1992 by section 9(Sch. 1 item 1) of the Commonwealth Powers (Industrial Relations) Act 1996.
2. Table of Amendments
This Version incorporates amendments made to the Long Service Leave Act 1992 by Acts and subordinate instruments.
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Public Sector Management Act 1992, No. 68/1992
Assent Date:
19.11.92
Commencement Date:
S. 111 on 27.11.92: Special Gazette (No. 63) 27.11.92 p. 1
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Public Sector Management (Amendment) Act 1993, No. 97/1993
Assent Date:
16.11.93
Commencement Date:
S. 43 on 16.11.93: s. 2(4)
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Employee Relations (Amendment) Act 1993, No. 114/1993
Assent Date:
7.12.93
Commencement Date:
7.12.93
Current State:
All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
S. 118(Sch. 1 item 19) on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Vocational Education and Training (Amendment) Act 1994, No. 62/1994
Assent Date:
15.6.94
Commencement Date:
Ss 63-66 on 1.12.94: Government Gazette 23.6.94 p. 1671
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Employee Relations (Amendment) Act 1994, No. 82/1994
Assent Date:
29.11.94
Commencement Date:
Pt 1(ss 1-3) on 29.11.94: s. 2(1); s. 12 on 3.6.94: s. 2(2); rest of Act on 11.5.95: Government Gazette 11.5.95 p. 1093
Current State:
All of Act in operation
Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date:
20.12.94
Commencement Date:
S. 34(7) on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992

Equal Opportunity Act 1995, No. 42/1995 (as amended by No. 22/1996)
Assent Date:
14.6.95
Commencement Date:
S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; s. 223, Sch. 1 item 1 on 1.1.96: Government Gazette 21.12.95 p. 3571; Sch. 2 items 14.1, 14.2 on 14.6.96: s. 2(4)
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Public Sector Management and Parliamentary Officers (Amendment) Act 1996, No. 24/1996
Endnotes
Assent Date:
2.7.96
Commencement Date:
S. 33(1) on 16.11.93: s. 2(2); rest of Act on 2.7.96: s. 2(1)
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 items 24.1, 24.2) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Shop Trading Reform Act 1996, No. 38/1996
Assent Date:
6.11.96
Commencement Date:
Pt 1 (ss 1-4) on 6.11.96: s. 2(1); rest of Act on 26.11.96: Government Gazette 21.11.96 p. 2971
Current State:
All of Act in operation
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date:
12.12.96
Commencement Date:
S. 9(Sch. 1) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 75) on 15.7.01: s. 2
Current State:
This information relates only to the provisions amending the Long Service Leave Act 1992
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 62) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Long Service Leave Act 1992
Parliamentary Administration Act 2005, No. 20/2005
Assent Date:
24.5.05
Commencement Date:
S. 37 on 1.7.05: s. 2(4)
Current State:
This information relates only to the provision/s amending the Long Service Leave Act 1992

Long Service Leave (Amendment) Act 2005, No. 23/2005
Assent Date:
31.5.05
Commencement Date:
1.1.06: s. 2
Current State:
All of Act in operation
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date:
6.6.06
Commencement Date:
S. 3(Sch. 1 item 19) on 7.6.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Long Service Leave Act 1992
Long Service Leave (Preservation of Entitlements) Act 2006, No. 56/2006
Assent Date:
15.8.06
Commencement Date:
Ss 4, 6 on 27.3.06: s. 2(2); s. 5 on 1.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Long Service Leave Act 1992
Fair Work (Commonwealth Powers) Act 2009, No. 24/2009
Assent Date:
17.6.09
Commencement Date:
Ss 9-13 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
Current State:
This information relates only to the provision/s amending the Long Service Leave Act 1992
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3. Explanatory Details

1 Title: Section 11(Sch. 3 items 8-10) of the Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 read as follows:
	8.	References to Employee Relations Act 1992
	(1)	A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a provision of the Employee Relations Act 1992 that is repealed by Schedule 1 to this Act must be taken, unless the contrary intention appears, to be a reference to that provision of the former Act.
	(2)	A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a provision of the Employee Relations Act 1992 that is not repealed by Schedule 1 to this Act must be taken, unless the contrary intention appears, to be a reference to that provision of the Long Service Leave Act 1992.
	9.	Savings and transitional regulations
	(1)	The Governor in Council may make regulations that contain provisions of a savings and transitional nature consequent on-
	(a)	the enactment of this Act; or
	(b)	the enactment by the Parliament of the Commonwealth of an Act consequent on the enactment of this Act.
	(2)	A provision mentioned in subclause (1) may be retrospective in operation.
	(3)	Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any instrument made under an Act.

	10.	Interpretation of Legislation Act 1984
This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

2 Pt 2 (Heading and ss 8-19) amended by Nos 114/1993 s. 4, 62/1994 ss 63, 64, 82/1994 ss 4(1)(2), 5(2)(Sch. 1 items 3, 4), 6(2), repealed by No. 59/1996 s. 9(Sch. 1 item 7(1)).
Pt 2 (repealed): Section 11(Sch. 3 item 6) of the Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 reads as follows:
	6.	References to employment agreements
A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to an employment agreement within the meaning of the Employee Relations Act 1992 must be taken to be a reference to an employment agreement within the meaning of that Act as in force immediately before the repeal of Part 2 of that Act.

3 Pt 3 (Heading and ss 20-35) amended by No. 62/1994 ss 65, 66, repealed by No. 82/1994 s. 5(1), new Pt 3 (Heading and ss 20-26) inserted by No. 82/1994 s. 6(1), repealed by No. 59/1996 s. 9(Sch. 1 item 7(1)).
4 Pt 4 (Heading and ss 36, 37) amended by Nos 82/1994 s. 5(2)(Sch. 1 items 5(a)(b), 6), 42/1995 s. 223(Sch. 1 item 1), repealed by No. 59/1996 s. 9(Sch. 1 item 7(1)).
5 Pt 5 Div. 1 (Heading and ss 38-42) amended by No. 82/1994 s. 7(1)(2), repealed by No. 59/1996 s. 9(Sch. 1 item 7(2)).
6 Pt 5 Div. 2 (Heading and ss 43, 44) amended by No. 82/1994 s. 5(2)(Sch. 1 item 7(a)(b)), repealed by No. 59/1996 s. 9(Sch. 1 item 7(2)).
7 Pt 5 Div. 3 (Heading and ss 45-50) amended by No. 82/1994 s. 5(2)(Sch. 1 items 8-12), repealed by No. 59/1996 s. 9(Sch. 1 item 7(2)).
8 Pt 5 Div. 4 (Heading and ss 51, 52) repealed by No. 59/1996 s. 9(Sch. 1 item 7(2)).
9 Pt 5 Div. 5 (Heading and ss 53-55) repealed by No. 59/1996 s. 9(Sch. 1 item 7(2)).

10 Pt 6 (Heading and ss 82-89) amended by No. 82/1994 s. 5(2)(Sch. 1 items 19, 20), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
Pt 6 (repealed): Section 11(Sch. 3 item 2) of the Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 reads as follows:
	2.	Abolition of Commission
	(1)	The Employee Relations Commission of Victoria established by section 82 of the Employee Relations Act 1992 is abolished and the members of that Commission go out of office.
	(2)	The Commission Administration Office established by section 88 of the Employee Relations Act 1992 is abolished and the Chief Commission Administration Officer goes out of office.

11 Pt 7 (Heading and ss 90-97) amended by No. 82/1994 ss 5(2)(Sch. 1 items 21, 22), 6(3), 8(1), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
Pt 7 (repealed): Section 11(Sch. 3 items 1, 3-5) of the Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 read as follows:
	1.	Definitions
In this Schedule-
commencement day means the day on which section 11 comes into operation;
former Act means the Employee Relations Act 1992 as in force immediately before the commencement day;
former Commission means the Employee Relations Commission of Victoria established by section 82 of the Employee Relations Act 1992.
	3.	Proceedings
	(1)	In this clause, relevant proceeding means a proceeding under an Act other than the former Act (except under Division 1 of Part 5 of that Act)-
	(a)	begun before the former Commission before the commencement day and which had not been completed at that day; and
	(b)	that could have been brought before the Industrial Division of the Magistrates' Court or, in the case of an application under Division 1 of Part 5 of the former Act, the Australian Industrial Relations Commission if it had been begun on or after the commencement day.
	(2)	If before the commencement day the former Commission had begun to hear any relevant proceeding and at that day evidence on any question of fact material to that proceeding had been given to the former Commission but the proceeding had not been finally determined, any party to the proceeding may apply in writing to the Industrial Division of the Magistrates' Court for a determination under subclause (3).
	(3)	On an application under subclause (2), the Industrial Division of the Magistrates' Court may determine-
	(a)	to accept the proceeding as part-heard and to continue the hearing; or
	(b)	to re-hear the proceeding-
in accordance with the Act under which it is brought.
	(4)	If a relevant proceeding is continued to be heard, or is re-heard, by the Industrial Division of the Magistrates' Court in accordance with a determination under subclause (3), anything done in relation to that proceeding before the commencement day shall, so far as consistent with the Act under which it is brought, be taken to have been done for the purposes of the hearing and determination of the proceeding by the Magistrates' Court and the Court may, for the purposes of the hearing or re-hearing, have regard to any record of the earlier proceeding before the former Commission.
	(5)	If before the commencement day a relevant proceeding was pending before the former Commission but the former Commission had not begun to hear it or had begun to hear it but at the commencement day had not been given evidence on any question of fact material to it, the proceeding is to be heard and determined by the Industrial Division of the Magistrates' Court or, in the case of an application under Division 1 of Part 5 of the former Act, the Australian Industrial Relations Commission in accordance with the Act under which it is brought and anything done in relation to that proceeding must, so far as consistent with that Act, be taken to have been done for the purposes of the hearing and determination of the proceeding by the Magistrates' Court or the Australian Industrial Relations Commission, as the case requires.
	(6)	If any difficulty arises in any particular matter because of the operation of this clause, the Chief Magistrate or the President of the Australian Industrial Relations Commission, as the case requires, may make any order that he or she considers appropriate to resolve the difficulty.
	(7)	The Chief Magistrate or the President of the Australian Industrial Relations Commission may make an order under subclause (6) on the application of a party to the matter, or on the Chief Magistrate's or the President's own initiative.
	(8)	An order under subclause (6) has effect despite anything to the contrary in the former Act or in the Act under which the matter arises.
	4.	Pending proceedings under former Act
	(1)	In this clause, relevant proceeding means a proceeding under the former Act except under Division 1 of Part 5 of that Act-
	(a)	begun before the former Commission before the commencement day and which had not been completed at that day; and
	(b)	that could have been brought before the Australian Industrial Relations Commission if it had been begun on or after the commencement day; and
	(c)	with respect to the hearing and determination of which provision is not made on the commencement day by the Commonwealth Act or the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 of the Commonwealth.
	(2)	If before the commencement day the former Commission had begun to hear any relevant proceeding and at that day evidence on any question of fact material to that proceeding had been given to the former Commission but the proceeding had not been finally determined, any party to the proceeding may apply in writing to the Industrial Division of the Magistrates' Court for a determination under subclause (3).
	(3)	On an application under subclause (2), the Industrial Division of the Magistrates' Court may determine-
	(a)	to accept the proceeding as part-heard and to continue the hearing; or
	(b)	to re-hear the proceeding-
in accordance with the former Act.
	(4)	If a relevant proceeding is continued to be heard, or is re-heard, by the Industrial Division of the Magistrates' Court in accordance with a determination under subclause (3), anything done in relation to that proceeding before the commencement day shall, so far as consistent with the former Act, be taken to have been done for the purposes of the hearing and determination of the proceeding by the Magistrates' Court and the Court may, for the purposes of the hearing or re-hearing, have regard to any record of the earlier proceeding before the former Commission.
	(5)	If before the commencement day a relevant proceeding was pending before the former Commission but the former Commission had not begun to hear it or had begun to hear it but at the commencement day had not been given evidence on any question of fact material to it, the proceeding is to be heard and determined by the Industrial Division of the Magistrates' Court in accordance with the former Act and anything done in relation to that proceeding must, so far as consistent with that Act, be taken to have been done for the purposes of the hearing and determination of the proceeding by the Magistrates' Court.
	(6)	If any difficulty arises in any particular matter because of the operation of this clause, the Chief Magistrate may make any order that he or she considers appropriate to resolve the difficulty.
	(7)	The Chief Magistrate may make an order under subclause (6) on the application of a party to the matter, or on the Chief Magistrate's own initiative.
	(8)	An order under subclause (6) has effect despite anything to the contrary in the former Act.
	5.	New proceedings under former Act
	(1)	In this clause, relevant proceeding means a proceeding under the former Act except under Division 1 of Part 3 or Division 6 of Part 5-
	(a)	that was not brought before the former Commission before the commencement day; and
	(b)	that could have been brought before the former Commission before the commencement day; and
	(c)	with respect to the hearing and determination of which provision is not made on the commencement day by the Commonwealth Act or the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 of the Commonwealth.
	(2)	A relevant proceeding may be brought before the Industrial Division of the Magistrates' Court in accordance with the former Act and the Industrial Division may hear and determine the proceeding in accordance with that Act and, for this purpose, that Act has effect as if a reference in it to the former Commission were a reference to the Industrial Division.
	(3)	If any difficulty arises in any particular matter because of the operation of this clause, the Chief Magistrate may make any order that he or she considers appropriate to resolve the difficulty.
	(4)	The Chief Magistrate may make an order under subclause (3) on the application of a party to the matter, or on the Chief Magistrate's own initiative.
	(5)	An order under subclause (3) has effect despite anything to the contrary in the former Act.

12 Pt 8 (Heading and ss 98-101) amended by No. 82/1994 ss 5(2)(Sch. 1 items 23-26), 6(4), 8(2), 9, repealed by No. 59/1996 s. 9(Sch. 1 item 9).
13 Pt 9 (Heading and ss 102-114) amended by Nos 114/1993 s. 5, 82/1994 ss 5(2)(Sch. 1 items 27, 28), 10, 35/1996 s. 453(Sch. 1 item 24.1), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
14 Pt 10 (Heading and ss 115-118) amended by No. 82/1994 s. 5(2)(Sch. 1 items 29-32), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
15 Pt 11 (Heading and ss 119-134) amended by Nos 82/1994 s. 5(2)(Sch. 1 items 33(a)(b), 34, 35(a)(b), 36(a)(b), 37(a)(b)), 35/1996 s. 453(Sch. 1 item 24.2), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
16 Pt 12 (Heading and ss 135-139) amended by No. 82/1994 s. 5(2)(Sch. 1 items 38-43(a)(b)), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
Pt 12 (repealed): Section 11(Sch. 3 item 7) of the Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 reads as follows:
	7.	References to recognised associations
A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a recognised association within the meaning of the Employee Relations Act 1992 must be taken to be a reference to an organisation registered under the Workplace Relations Act 1996 of the Commonwealth.

17 Pt 13 (Heading and ss 140-145) amended by Nos 82/1994 s. 5(2)(Sch. 1 items 44-48), 109/1994 s. 34(7)(a)(b), repealed by No. 59/1996 s. 9(Sch. 1 item 9).
18 Pt 14 (Heading and ss 146-152) amended by Nos 82/1994 s. 5(2)(Sch. 1 items 49-51), 38/1996 s. 14, repealed by No. 59/1996 s. 9(Sch. 1 item 10(1)).
19 Sch. 1 amended by Nos 23/1994 s. 118(Sch. 1 items 19.2(a)-(d), 19.3(a)(b)), 82/1994 ss 5(2)(Sch. 1 items 61(a)-(t)), s. 11(1)(a)-(d)(2), repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).
20 Sch. 2 repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).
21 Sch. 3 amended by No. 42/1995 s. 224(Sch. 2 item 14.1) (as amended by No. 22/1996 s. 12), repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).
22 Sch. 4 amended by No. 42/1995 s. 224(Sch. 2 item 14.2(a)(b)), repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).
23 Sch. 5 amended by No. 82/1994 s. 4(3), repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).
24 Sch. 6 repealed by No. 59/1996 s. 9(Sch. 1 item 17(2)).

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Part 1-Preliminary Matters


Long Service Leave Act 1992
No. 83 of 1992