Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 65

Employees to whom this Division does not apply

65. Employees to whom this Division does not apply



(1) This Division does not apply to any employee who-

   (a)  is entitled to long service leave under any Act other than this Act;
        or

   (b)  is in a class of employees who are entitled to long service leave
        under an employment agreement (regardless of whether it was made
        before or after the commencement of this Division) on a basis that, in
        the opinion of the Industrial Division of the Magistrates' Court, is
        more favourable than that provided by this Division; or

   (c)  is employed by an employer who is exempted under this section from
        complying with this Division in respect of him or her.

(2) An employer may apply to the Industrial Division of the Magistrates' Court
to be exempted from complying with this Division in respect of all or any, or
any class of, employees.

(3) The Industrial Division of the Magistrates' Court may grant such an
application if it is satisfied-

   (a)  that the employees in respect of whom the application is made are
        entitled under their terms and conditions of employment, on a basis no
        less favourable than that prescribed by this Division-

   (i)  to long service leave;

   (ii) (whether or not solely at the cost to the employer, but at a cost to
        the employer that is no less than the cost involved in providing long
        service leave under this Division) to superannuation benefits or to
        superannuation benefits and long service leave; and

   (b)  that the entitlement better serves the interests of the employees than
        the entitlement provided by this Division.

(4) The Industrial Division of the Magistrates' Court may grant the
application subject to conditions and may at any time impose conditions or
further conditions on the grant.

(5) The Industrial Division of the Magistrates' Court may revoke an exemption
at any time.