Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 61

Employer may apply to reverse the effect of section 60(5) and (8)

61. Employer may apply to reverse the effect of section 60(5) and (8)



(1) A new owner or employer referred to in section 60(5) and (8) may apply to
the Industrial Division of the Magistrates' Court for a declaration that one
or other of those sections does not apply to the employment of an employee or
of a class of employee.

(2) The Industrial Division of the Magistrates' Court may make such a
declaration if the employer satisfies it that the employment of the employee,
or the class of employee, was not related to the change of ownership or
transfer of assets (as the case may be).

(3) Section 60(5) or (8) does not apply to the employment of an employee, or
of a class of employee, in respect of whom such a declaration is made.