{"id":"long-service-leave-act-1987","name":"Long Service Leave Act 1987","slug":"long-service-leave-act-1987","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105861,"registerId":"sa-long-service-leave-act-1987-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Long Service Leave Act 1987","content":"South Australia\nLong Service Leave Act 1987\nAn Act to provide for the granting of long service leave to workers; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tTerritorial application of Act\n5\tLong service leave entitlement\n6\tContinuity of service\n7\tTaking of leave\n8\tPayment in respect of long service leave\n9\tExemptions\n10\tRecords\n11\tPowers of inspection\n12\tInspector may direct employer to grant leave or pay amount due\n13\tFailure to grant leave\n14\tEmployment during leave\n15\tOffences and proceedings\n16\tAct not to apply to certain workers\n17\tRegulations\nSchedule—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Long Service Leave Act 1987.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nagreement means—\n\t(a)\tan enterprise agreement; or\n\t(b)\tan enterprise agreement under the Fair Work Act 2009 of the Commonwealth; or\n\t(c)\tan agreement given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\naward includes—\n\t(a)\tan award or order of SAET;\n\t(b)\tan award, determination or order of Fair Work Australia under the Fair Work Act 2009 of the Commonwealth; or\n\t(c)\tan award or determination given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\ncorresponding law means a law—\n\t(a)\tof the Commonwealth; or\n\t(b)\tof a State (other than this State) or a Territory of the Commonwealth; or\n\t(c)\tof another country,\nthat confers long service leave entitlements;\nemployer means a person by whom a worker is employed;\nenterprise agreement means an enterprise agreement under the Fair Work Act 1994;\nindividual agreement, in relation to an employer and a worker, means an agreement (other than an enterprise agreement) individually negotiated between the employer and the worker;\ninspector means an inspector under the Fair Work Act 1994;\nlong service leave entitlement means an entitlement to long service leave or payment in lieu of long service leave;\nregistered association means—\n\t(a)\tan association registered under the Fair Work Act 1994; or\n\t(b)\tan organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\nrelated corporations means corporations—\n\t(a)\tthat are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or\n\t(b)\tthat have substantially the same directors or are under substantially the same management;\nthe relevant date means the day on which long service leave is commenced or an entitlement to payment in lieu of long service leave arises;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nservice means continuous service with the same employer or with related employers under a contract of service or a series of contracts of service;\nworker means a person employed under a contract of service.\n\t(2)\tA reference in this Act to a worker's ordinary weekly rate of pay is a reference to the worker's weekly rate of pay as at the relevant date exclusive of overtime, shift premiums and penalty rates but this definition is subject to the following qualifications—\n\t(a)\tif the worker is employed on commission or on any other system of payment by result, the worker's ordinary weekly rate of pay will be ascertained by averaging the worker's weekly earnings over the 12 months immediately preceding the relevant date; and\n\t(b)\tif during the whole or part of the period of three years immediately preceding the relevant date—\n\t(i)\tthe worker was employed on an hourly basis at an hourly rate of pay; or\n\t(ii)\tthe workers ordinary hours of work per week were varied and consequently the worker's weekly rate of pay was varied; or\n\t(iii)\tthe worker worked on a casual or part-time basis,\nthe worker's ordinary weekly rate of pay will be ascertained by averaging the number of hours worked per week in that period of three years and multiplying that result by the worker's rate of pay per hour as at the relevant date, exclusive of overtime, shift premiums and penalty rates (and for the purposes of this paragraph a person who is employed on a casual basis is not to be regarded as being paid at a penalty rate); and\n\t(c)\tif the worker's employer provides accommodation during his or her employment but not while the worker is on leave, the worker's ordinary weekly rate of pay will be increased by an amount representing the weekly value of that accommodation (that value being determined, where possible, by reference to an award or agreement and, where there is no applicable award or agreement, by reference to the fair and reasonable monetary value of that accommodation).\n\t(3)\tEmployers are related for the purposes of this Act if—\n\t(a)\tone takes over or otherwise acquires the business or part of the business of the other; or\n\t(b)\tthey are related corporations; or\n\t(c)\ta series of relationships can be traced between them under paragraph (a) or (b).\n\t(4)\tFor the purpose of averaging weekly earnings under subsection (2)(a) or the number of hours worked per week under subsection (2)(b)—\n\t(a)\tany week when the relevant worker—\n\t(i)\twas on unpaid leave for the whole of the week; or\n\t(ii)\twas absent from work on account of a work injury (within the meaning of the Return to Work Act 2014) for which the worker received weekly payments under that Act or, before 1 July 2015, under the Workers Rehabilitation and Compensation Act 1986,\nwill be disregarded; and\n\t(b)\tthe relevant periods under subsection (2)(a) and (2)(b) will be taken to be periods (which need not be consecutive) totalling 12 months (in the case of subsection (2)(a)) or 3 years (in the case of subsection (2)(b)) after disregarding any weeks when the worker was not at work due to unpaid leave or an absence from work on account of a work injury (within the meaning of the Return to Work Act 2014) for which the worker received weekly payments under that Act or, before 1 July 2015, under the Workers Rehabilitation and Compensation Act 1986; and\n\t(c)\tany period when the relevant worker was on paid leave will be taken into account.\n4—Territorial application of Act\n\t(1)\tSubject to this section, a worker's long service leave entitlement accrues under this Act in respect of—\n\t(a)\tservice in the State;\n\t(b)\tservice outside the State where the worker is predominantly employed in the State;\n\t(c)\tservice outside the State in pursuance of a contract of employment of which South Australia law is the proper law.\n\t(2)\tWhere a worker would, but for this subsection, have a long service leave entitlement both under this Act and a corresponding law, the worker may elect to take the entitlement under this Act or under the corresponding law, but not under both.\n5—Long service leave entitlement\n\t(1)\tSubject to this Act, a worker who has 10 years or more service is entitled to the following long service leave—\n\t(a)\t13 weeks leave in respect of the first 10 years of service; and\n\t(b)\t1.3 weeks leave in respect of each subsequent year of service.\n\t(1a)\tA worker who is entitled to long service leave under subsection (1) becomes entitled to a payment in lieu of the long service leave or a part of the long service leave if an individual agreement to that effect is made and recorded in writing and signed by the employer and the worker after the entitlement to the leave accrues to the worker.\n\t(2)\tWhere the service of a worker who is entitled to long service leave is terminated, the worker is entitled to a payment in lieu of long service leave.\n\t(3)\tSubject to subsection (4), a worker who has completed seven years service (but less than 10 years service) is, on termination of the worker's service, entitled to a payment equal to the monetary equivalent of 1.3 weeks leave in respect of each completed year of service.\n\t(4)\tA worker is not entitled to a payment under subsection (3) if—\n\t(a)\tthe worker's contract of service is terminated on the ground of serious and wilful misconduct on the part of the worker; or\n\t(b)\tthe contract of service is unlawfully terminated by the worker.\n\t(5)\tWhere a worker's service is terminated by the worker's death, the worker's entitlement under this section vests in his or her personal representative.\n\t(6)\tWhere long service leave has been taken by a worker or a payment in lieu of long service leave has been made to a worker, the worker's long service leave entitlement is reduced accordingly.\n\t(7)\tAn entitlement under this section only arises in respect of completed years of service.\n6—Continuity of service\n\t(1)\tA worker's continuity of service is not affected by—\n\t(a)\tsubject to an order of SAET to the contrary, a break in the worker's service brought about by the employer where the worker is re-employed pursuant to an order of a court or SAET;\n\t(b)\ta break in the worker's service brought about by the employer in an attempt to avoid an obligation or liability imposed on the employer by this Act or by an award, agreement or scheme relating to long service leave;\n\t(c)\tabsence of the worker from work in accordance with the contract of service;\n\t(d)\tabsence of the worker from work on account of illness or injury;\n\t(e)\tabsence of the worker from work on account of long service leave or annual leave;\n\t(f)\tabsence of the worker from work on any other kind of leave;\n\t(g)\tthe standing down of the worker by the employer on account of slackness in trade where the worker is subsequently re-employed by the employer;\n\t(h)\ta break in the worker's service arising directly or indirectly from an industrial dispute where the worker returns to work in accordance with the terms of settlement of the dispute or is re-employed by the employer when the dispute is settled;\n\t(i)\tany other break in the worker's service brought about by the employer where the worker returns to work or is re-employed by the employer within two months.\n\t(2)\tWhere a worker's continuity of service with an employer is preserved under subsection (1)(f), (g), (h) or (i), the period of absence or the duration of the break from work is not to be taken into account in calculating the period of the worker's service with the employer.\n\t(3)\tWhere a worker enters into a contract of service with an employer within 12 months after the completion of an apprenticeship with the employer, the period of apprenticeship will be taken into account for the purpose of calculating the worker's period of service.\n\t(4)\tWhere a worker enters into service as a member of the Armed Forces of the Commonwealth (not being service as a member of the Permanent Forces), that period of service will be regarded as service with the employer by whom the worker was last employed.\n7—Taking of leave\n\t(1)\tLong service leave should be granted by an employer to a worker as soon as practicable (taking into consideration the needs of the employer's business or undertaking) after the worker becomes entitled to the leave.\n\t(2)\tLong service leave should be taken in one continuous period.\n\t(3)\tThe employer should give a worker at least 60 days notice of the date from which leave is to be taken.\n\t(4)\tDespite the preceding provisions of this section, an employer and a worker may agree on—\n\t(a)\tthe deferral of long service leave;\n\t(b)\tthe taking of long service leave in separate periods;\n\t(c)\tthe granting and taking of long service leave on less than 60 days notice;\n\t(d)\tthe taking of long service leave in anticipation of the entitlement to the leave accruing to the worker.\n\t(6)\tIf—\n\t(a)\ta worker takes long service leave in anticipation of the entitlement to that leave accruing to the worker; and\n\t(b)\tbefore the entitlement to that leave accrues, the service of the worker is terminated (for any reason),\nthe employer may deduct from any remuneration payable to the worker on the termination of service the difference between the amount paid to the worker in respect of the long service leave taken and the amount of payment in lieu of long service leave (if any) to which the worker would have been entitled on the termination of service if the worker had not taken leave in anticipation of the entitlement accruing.\n\t(7)\tEvery day occurring after the commencement of a period of long service leave (including public holidays and days on which the worker would not normally have been required to work) will be counted as a day of that leave.\n8—Payment in respect of long service leave\n\t(1)\tSubject to this section, a worker who is on long service leave is entitled to be paid at his or her ordinary weekly rate of pay.\n\t(2)\tPayment for a period of long service leave must be made in one of the following ways—\n\t(a)\tin advance for the whole period of leave; or\n\t(b)\ton the same days as payment of wages would have been made if the worker remained at work (in which case payment must, at the written request of the worker, be made by cheque posted to an address specified by the worker); or\n\t(c)\tin some other way agreed between the employer and the worker.\n\t(3)\tIf a variation in a worker's rate of pay occurs while the worker is on leave, that variation must be reflected in the payment for the leave and if payment has been made in advance, the employer must, on the worker's return to work, make any adjustment necessary to give effect to the variation.\n\t(3a)\tA payment in lieu of long service leave made under this Act by agreement with a worker—\n\t(a)\twill be calculated at the worker's ordinary weekly rate of pay applicable immediately before the payment is made (but not so as to include any amount representing the value of accommodation provided to the worker); and\n\t(b)\tmust, if a variation in the worker's rate of pay occurs during the period from the date of the payment of a duration equal to the period of leave in lieu of which the payment is made, be followed by a further payment to the worker that reflects the variation in the rate of pay.\n\t(4)\tA payment in lieu of long service leave made under this Act on the termination of a worker's service—\n\t(a)\twill be calculated at the worker's ordinary weekly rate of pay applicable immediately before the termination; and\n\t(b)\tmust be made to the worker immediately on the termination or, if the worker has died, to the personal representative of the worker on request.\n9—Exemptions\n\t(1)\tSubject to this section, SAET may on the application of—\n\t(a)\tan employer; or\n\t(b)\ta party to an award, agreement or scheme relating to long service leave; or\n\t(c)\ta registered association that has a proper interest in the matter,\ndetermine 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.\n\t(2)\tAn application may be made under subsection (1) in anticipation of the making of an award, agreement or scheme.\n\t(3)\tA determination under subsection (1) has effect in accordance with its terms.\n\t(4)\tA determination will not be made under this section if the determination would disadvantage any class of present or future workers.\n\t(5)\tLong 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.\n\t(6)\tSAET may revoke a determination under this section if it is satisfied—\n\t(a)\tthat 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\n\t(b)\tthat it is for some other reason inappropriate that the determination should continue to have effect.\n10—Records\n\t(1)\tAn employer must, in respect of each worker, keep a record of—\n\t(a)\tthe worker's—\n\t(i)\tdate of commencement of service;\n\t(ii)\toccupation or duties;\n\t(iii)\trate of pay;\n\t(iv)\tnumber of hours worked per week (insofar as may be relevant to the worker's entitlement under this Act);\n\t(v)\tentitlement to long service leave; and\n\t(b)\tany long service leave taken by the worker; and\n\t(ba)\tany payment made to the worker by agreement in lieu of long service leave; and\n\t(c)\twhen the service of the worker is terminated—\n\t(i)\tthe manner of termination; and\n\t(ii)\tany payment made to the worker in lieu of long service leave.\nMaximum penalty: $1 000.\n\t(2)\tThe record required to be kept under subsection (1)—\n\t(a)\tmust be in a form that complies with the regulations; and\n\t(b)\tmust contain any additional particulars required by the regulations; and\n\t(c)\tmust be kept throughout the period of the worker's service and for at least three years after the termination of that service.\n\t(2a)\tAn employer who agrees to make a payment to a worker in lieu of long service leave must—\n\t(a)\tcause the agreement to be recorded in writing and signed by the employer and the worker; and\n\t(b)\tgive a copy of the signed written record of the agreement to the worker; and\n\t(c)\tkeep the signed written record of the agreement for the period referred to in subsection (2)(c).\nMaximum penalty: $1 000.\n\t(3)\tAn employer must in respect of each worker, at intervals of 12 months, determine the average number of hours per week worked by the worker over the preceding period of 12 months.\n\t(4)\tWhere there is a change in a worker's employment from one related employer to another—\n\t(a)\tthe former employer must transmit to the other employer all records kept under this section relating to that worker; and\n\t(b)\tthe other employer must retain those records in accordance with this Act (but otherwise is not responsible for any deficiency in a record that relates to a period of service before the change in employment).\nMaximum penalty: $1 000.\n\t(5)\tA worker is entitled during normal office hours to inspect any record relating to the worker kept by his or her employer under this section.\n\t(6)\tWhere a worker has been granted long service leave, the employer must, before the leave is taken, give to the worker a statement in the prescribed form setting out the number of days of leave to be taken and the number of days of leave (if any) that will remain due to the worker at the conclusion of the leave.\nMaximum penalty: $200.\n\t(7)\tWhen a payment is made to a worker by agreement in lieu of long service leave, the employer must give to the worker a statement in the prescribed form setting out the period of leave in lieu of which the payment is made and the number of days (if any) that will remain due to the worker after the payment is made.\nMaximum penalty: $200.\n11—Powers of inspection\n\t(1)\tFor the purposes of this Act, an inspector may at any reasonable time—\n\t(a)\tenter any premises where the inspector has reasonable cause to believe that a worker is employed;\n\t(b)\trequire an employer to produce any records relating to long service leave;\n\t(c)\texamine and copy or take extracts from such records or require an employer to provide a copy of any such records;\n\t(d)\trequire any person to answer, to the best of that person's knowledge, information and belief, any question relevant to the administration or enforcement of this Act.\n\t(2)\tAn inspector may, in the exercise of powers under this section—\n\t(a)\tbe accompanied by such assistants as may be necessary or desirable in the circumstances;\n\t(b)\task any question through an interpreter.\n\t(3)\tA person must not—\n\t(a)\thinder or obstruct an inspector or a person assisting an inspector in the exercise of a power under this section; or\n\t(b)\trefuse or fail, without lawful excuse, to comply with a requirement under this section.\nMaximum penalty: $5 000.\n\t(4)\tA person is not required to answer a question under this section if the answer would tend to incriminate him or her.\n12—Inspector may direct employer to grant leave or pay amount due\n\t(1)\tIf it appears to an inspector that an employer has improperly refused to grant a worker long service leave or to make a payment in lieu of long service leave to which the worker is entitled under this Act, the inspector may, by notice in writing, direct the employer to grant the long service leave or to make the payment within a period (not being less than 14 days) stated in the notice.\n\t(2)\tAn employer who receives a notice under subsection (1) may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the notice.\n\t(3)\tAn application under subsection (2) must be made within 14 days of the receipt of the notice by the employer.\n\t(4)\tPending the determination of an application for review, the operation of the notice to which the application relates is suspended.\n\t(6)\tIf an employer—\n\t(a)\tfails to comply with a notice under subsection (1) (the employer not having made an application for review under subsection (2)); or\n\t(b)\thaving made an application for review under subsection (2), fails to comply with a notice confirmed by SAET within a period specified by SAET,\nthe employer is guilty of an offence.\nMaximum penalty: $5 000.\n\t(7)\tIt is a defence to a charge of an offence under subsection (6)(a) to prove that the worker is not entitled to the long service leave or the payment to which the notice relates.\n13—Failure to grant leave\n\t(1)\tSubject to this section, where—\n\t(a)\ta worker is not granted long service leave in accordance with this Act; or\n\t(b)\ta worker, or the personal representative of a deceased worker, does not receive a payment to which he or she is entitled under this Act,\nSAET may, on application under this section, order the employer (or former employer) of the worker to grant the leave or make the payment.\n\t(2)\tAn application under subsection (1) may be made by—\n\t(a)\tthe worker; or\n\t(b)\tif the worker is dead—the worker's personal representative; or\n\t(c)\twith the consent of the worker—a registered association of which the worker is a member; or\n\t(d)\tif the employer has been found guilty of failing to comply with the notice of an inspector directing that leave be granted or a payment be made—the complainant in those proceedings or a person appearing on behalf of the complainant.\n\t(3)\tIf in proceedings under this section it appears that the employer has not kept proper records relating to long service leave as required by this Act and—\n\t(a)\tthe period of the worker's service is in issue; or\n\t(b)\tthe average number of hours worked per week by the worker over any period is in issue,\nSAET may, if it considers that in fairness to the worker it should do so, rule that an allegation made by or on behalf of the worker as to the period of the worker's service or the average number of hours worked per week over a particular period will be accepted as proved in the absence of proof to the contrary.\n\t(4)\tAn order cannot be made under this section if the service of the worker was terminated more than three years before the date of the application.\n14—Employment during leave\n\t(1)\tA worker must not, while on long service leave, engage in any other employment in place of the employment in relation to which the right to leave accrued.\nMaximum penalty: $1 000.\n\t(2)\tAn employer must not, knowing that a worker is on long service leave, engage a worker in employment so that the worker commits a breach of subsection (1).\nMaximum penalty: $1 000.\n15—Offences and proceedings\n\t(1)\tOffences against this Act are summary offences.\n\t(2)\tA prosecution for an offence against this Act must be commenced within three years after the date on which the offence is alleged to have been committed.\n16—Act not to apply to certain workers\nThis Act does not apply in relation to workers who have a long service leave entitlement—\n\t(a)\tunder some other Act; or\n\t(b)\tunder a fair work instrument under the Fair Work Act 2009 of the Commonwealth; or\n\t(c)\tunder an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.\n17—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tThe regulations may prescribe penalties not exceeding $500 for contravention of, or non-compliance with, a regulation.\nSchedule—Transitional provisions\n2—Transitional provisions\n\t(1)\tSubject to this clause, this Act applies in respect of service before the commencement of this Act if the service continues after the commencement of this Act.\n\t(2)\tIf a worker's service commenced before 1 January 1972, a date falling after that date on which an entitlement to 13 weeks or a multiple of 13 weeks long service leave accrued to the worker will be taken to be the date on which the worker completed 10 years or a corresponding multiple of 10 years service and the length of the worker's service will be calculated accordingly.\n\t(3)\tThis Act does not increase or diminish a long service leave entitlement that accrued before the repeal of the Long Service Leave Act 1967.\n\t(4)\tLong service leave granted, or a payment made in lieu of long service leave, before the commencement of this Act will, in respect of the period or entitlement to which it related, be presumed to have been granted or made under this Act.\n\t(5)\tAn exemption in force under the repealed Act immediately before the commencement of this Act continues in force as if it were a determination under section 9.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Long Service Leave Act 1987 repealed the following:\nLong Service Leave Act 1967\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1987\n73\nLong Service Leave Act 1987\n5.11.1987\n1.1.1988 (Gazette 23.12.1987 p1916)\n1992\n93\nIndustrial Relations (Miscellaneous Provisions) Amendment Act 1992\n17.12.1992\ns 39—1.2.1993 (Gazette 23.12.1992 p2260)\n1997\n50\nLong Service Leave (Miscellaneous) Amendment Act 1997\n31.7.1997\n21.8.1997 (Gazette 21.8.1997 p408)\n2005\n3\nIndustrial Law Reform (Fair Work) Act 2005\n31.3.2005\nPt 3 (s 81)—16.5.2005 (Gazette 28.4.2005 p1073) \n2008\n40\nLong Service Leave (Unpaid Leave) Amendment Act 2008\n6.11.2008\n1.1.2009 (Gazette 27.11.2008 p5277)\n2009\n58\nStatutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 7 (ss 33—35)—1.1.2010 (Gazette 17.12.2009 p6351)\n2015\n35\nLong Service Leave (Calculation of Average Weekly Earnings) Amendment Act 2015\n5.11.2015\n19.11.2015 (Gazette 19.11.2015 p4975)\n2016\n63\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 14 (ss 113—118)—1.7.2017 (Gazette 16.5.2017 p1221)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n16.5.2005\ns 2\nomitted under Legislation Revision and Publication Act 2002\n16.5.2005\ns 3\n\n\ns 3(1)\n\n\nagreement\nsubstituted by 93/1992 s 39(a)\n1.2.1993\n\nsubstituted by 50/1997 s 3(a)\n21.8.1997\n\namended by 58/2009 s 33(1)\n1.1.2010\naward\nsubstituted by 93/1992 s 39(b)\n1.2.1993\n\namended by 50/1997 s 3(b)\n21.8.1997\n\namended by 58/2009 s 33(2)\n1.1.2010\n\namended by 63/2016 s 113(1)\n1.7.2017\nenterprise agreement\ninserted by 50/1997 s 3(c)\n21.8.1997\n\nsubstituted by 58/2009 s 33(3)\n1.1.2010\nindividual agreement\ninserted by 50/1997 s 3(c)\n21.8.1997\nthe Industrial Commission\ndeleted by 50/1997 s 3(c)\n21.8.1997\nthe Industrial Court\ndeleted by 50/1997 s 3(c)\n21.8.1997\nthe Industrial Relations Commission\ninserted by 50/1997 s 3(c)\n21.8.1997\n\ndeleted by 63/2016 s 113(2)\n1.7.2017\nthe Industrial Relations Court\ninserted by 50/1997 s 3(c)\n21.8.1997\n\ndeleted by 63/2016 s 113(2)\n1.7.2017\ninspector\nsubstituted by 93/1992 s 39(c)\n1.2.1993\n\namended by 50/1997 s 3(d)\n21.8.1997\n\namended by 58/2009 s 33(4)\n1.1.2010\nregistered association\nsubstituted by 93/1992 s 39(d)\n1.2.1993\n\namended by 50/1997 s 3(e), (f)\n21.8.1997\n\nsubstituted by 58/2009 s 33(5)\n1.1.2010\nrelated corporations\nsubstituted by 93/1992 s 39(e)\n1.2.1993\n\namended by 58/2009 s 33(6)\n1.1.2010\nSAET\ninserted by 63/2016 s 113(3)\n1.7.2017\ns 3(2)\namended by 3/2005 s 81(1), (2)\n16.5.2005\n\namended by 40/2008 s 4(1)\n1.1.2009\ns 3(4)\ninserted by 40/2008 s 4(2)\n1.1.2009\n\namended by 35/2015 s 4(1), (2)\n19.11.2015\ns 5\n\n\ns 5(1a)\ninserted by 50/1997 s 4\n21.8.1997\ns 6\n\n\ns 6(1)\namended by 50/1997 s 5\n21.8.1997\n\namended by 63/2016 s 114(1), (2)\n1.7.2017\ns 7\n\n\ns 7(4)\nsubstituted by 50/1997 s 6\n21.8.1997\ns 7(5)\ndeleted by 50/1997 s 6\n21.8.1997\ns 8\n\n\ns 8(3a)\ninserted by 50/1997 s 7\n21.8.1997\ns 9\n\n\ns 9(1)\namended by 50/1997 s 8(a)\n21.8.1997\n\namended by 63/2017 s 115(1)\n1.7.2017\ns 9(6)\namended by 50/1997 s 8(b)\n21.8.1997\n\namended by 63/2017 s 115(2)\n1.7.2017\ns 10\n\n\ns 10(1)\namended by 50/1997 s 9(a)\n21.8.1997\ns 10(2a)\ninserted by 50/1997 s 9(b)\n21.8.1997\ns 10(4)\namended by 50/1997 s 9(c)\n21.8.1997\ns 10(7)\ninserted by 50/1997 s 9(d)\n21.8.1997\ns 12\n\n\ns 12(2)\namended by 50/1997 s 10(a)\n21.8.1997\n\namended by 63/2017 s 116(1)\n1.7.2017\ns 12(5)\namended by 50/1997 s 10(b)\n21.8.1997\n\ndeleted by 63/2017 s 116(2)\n1.7.2017\ns 12(6)\namended by 50/1997 s 10(c)\n21.8.1997\n\namended by 63/2017 s 116(3)\n1.7.2017\ns 13\n\n\ns 13(1)\namended by 50/1997 s 11(a)\n21.8.1997\n\namended by 63/2016 s 117(1)\n1.7.2017\ns 13(3)\namended by 63/2016 s 117(2)\n1.7.2017\ns 13(5)\namended by 93/1992 s 39(f)\n1.2.1993\n\nsubstituted by 50/1997 s 11(b)\n21.8.1997\n\namended by 58/2009 s 34\n1.1.2010\n\ndeleted by 63/2016 s 117(3)\n1.7.2017\ns 16\namended by 93/1992 s 39(g)\n1.2.1993\n\namended by 50/1997 s 12\n21.8.1997\n\namended by 58/2009 s 35\n1.1.2010\nSch\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n16.5.2005\nTransitional etc provisions associated with Act or amendments\nLong Service Leave (Calculation of Average Weekly Earnings) Amendment Act 2015, Sch 1\n1—Transitional provision\nThe amendments effected to the Long Service Leave Act 1987 by this Act apply in relation to any long service leave taken (or any payment made in lieu of long service leave) on or after the commencement of this Act (including so as to apply in relation to absences of a worker occurring before the commencement of this Act).\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n118—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Long Service Leave Act 1987;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tA decision, direction, determination or order of the Industrial Relations Commission of South Australia or the Industrial Relations Court of South Australia (as the case may be) under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction, determination or order of the Tribunal.\n\t(3)\tA right to make any application or referral, or to seek a review, with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Commission of South Australia or before the Industrial Relations Court of South Australia under the principal Act, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(4)\tAny proceedings before the Industrial Relations Commission of South Australia under section 9 of the principal Act or otherwise before the Industrial Relations Court of South Australia under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Industrial Relations Commission or the Industrial Relations Court (as the case may be), and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Industrial Relations Commission or the Industrial Relations Court (as the case may be) that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Industrial Relations Commission or the Industrial Relations Court (as the case may be) before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nHistorical versions\nReprint No 1—1.2.1993\n\nReprint No 2—21.8.1997\n\n16.5.2005\n\n1.1.2009\n\n1.1.2010\n\n19.11.2015\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":3354},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on granting and administering long service leave entitlements for South Australian workers. While numerous amendments have modernised definitions and enforcement mechanisms (notably integrating federal fair work instruments and transferring jurisdiction to SAET), the core scope has not expanded beyond its original purpose."},"complexity_factors":["11 defined terms in section 3, many referencing external Commonwealth statutes such as the Fair Work Act 2009, Corporations Act 2001, and Return to Work Act 2014","Multi-tiered formula for calculating ordinary weekly rate of pay with alternate averaging methods over 12-month and 3-year periods, plus accommodation value adjustments","Extensive cross-referencing to federal workplace laws for definitions of award, agreement, inspector, and registered association","Nested exceptions to continuity of service in section 6 and exclusions from termination payments for serious misconduct in section 5(4)","Transitional provisions preserving pre-1987 and pre-1972 entitlements and converting old Industrial Court/Commission decisions to SAET jurisdiction"],"plain_english_summary":"**What this Act does**\n\nThis law gives workers in South Australia the right to paid long service leave after working for the same employer (or related employers) for a long time.\n\n**Who it covers**\n\nThe Act applies to most workers employed under a contract of service in South Australia. It does not apply if you already have long service leave rights under another law or a federal workplace instrument.\n\n**Key entitlements**\n\n- After **10 years** of continuous service: **13 weeks** paid leave.\n- For each year after that: an extra **1.3 weeks**.\n- If your job ends after **7 years** (but before 10), you are generally paid out the value of your accrued leave (unless you were fired for serious misconduct or quit unlawfully).\n- If you die before taking the leave, the payment goes to your estate.\n\n**How pay is calculated**\n\nYour leave is paid at your \"ordinary weekly rate\" — basically your normal weekly pay excluding overtime and penalty rates. If your hours vary, your pay is averaged out over a set period (12 months or 3 years, depending on your situation). Special rules apply if you get accommodation as part of your job.\n\n**Taking leave**\n\n- Employers should generally grant the leave as soon as practical after you hit 10 years.\n- Usually taken in one block, but you and your boss can agree to split it, defer it, or take it early.\n- You must get at least **60 days notice** of when leave starts, unless you agree otherwise.\n\n**What counts as service**\n\nYour service continues to add up even if you take approved leave, are off sick, are stood down due to lack of work (and later rehired), or have a short break in employment (under 2 months) caused by the employer. Time in the Armed Forces Reserves also counts.\n\n**Employer obligations**\n\n- Keep detailed records of your start date, hours, pay, and leave balances for at least three years after you leave.\n- Give you a written statement before you take leave showing how much you are taking and what balance remains.\n\n**Enforcement**\n\nGovernment inspectors can enter workplaces, check records, and ask questions. If an employer refuses to grant leave or pay what is owed, an inspector can issue a formal direction. Disputes go to the South Australian Employment Tribunal (SAET), which can order payment or grant exemptions in some cases.\n\n**Other important rules**\n\n- You cannot work another job while on long service leave.\n- Employers can apply to SAET to use a specific award or agreement instead of this Act, provided workers are not worse off."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has been amended over time (e.g., updating references from old industrial bodies to SAET, adjusting calculation methods for average weekly earnings), but its fundamental purpose and scope remain unchanged: to provide long service leave entitlements for workers in South Australia. The core eligibility rules, leave amounts, and enforcement mechanisms are essentially the same as when enacted."},"complexity_factors":["Multiple cross-references to federal legislation (Fair Work Act 2009, etc.) and other SA acts (South Australian Employment Tribunal Act, Return to Work Act)","Complex definition of 'ordinary weekly rate of pay' with averaging formulas for commissions, variable hours, casual work, and accommodation","Many defined terms (e.g., 'agreement', 'award', 'related corporations', 'service') with intricate conditions","Conditional provisions for continuity of service (e.g., breaks for illness, leave, industrial disputes) and exclusions","Detailed record-keeping requirements with multiple specific obligations and penalties","Exemption process (section 9) with SAET determinations and revocation conditions","Transitional provisions that preserve old entitlements and apply to pre-commencement service"],"plain_english_summary":"This Act gives workers in South Australia a right to paid long service leave after working for the same employer (or related employers) for a long period. The main rules:\n\n- **Who gets it?** A 'worker' employed under a contract of service. The Act applies mainly if the worker works in South Australia, or if South Australian law governs the employment contract.\n- **When do they get it?** After 10 years of continuous service, the worker is entitled to 13 weeks of paid leave. For each additional year of service, they get another 1.3 weeks. If the worker leaves employment after 7 years but before 10 years, they get a payment equal to 1.3 weeks' pay for each completed year (unless they were fired for serious misconduct or quit unlawfully).\n- **What is paid?** The worker is paid their 'ordinary weekly rate' – basically their usual weekly pay excluding overtime, shift premiums, and penalty rates. If paid by commission or with variable hours, the rate is averaged over the past 12 months or 3 years. If the employer provides accommodation, its value is added.\n- **How is leave taken?** It should be taken as a continuous block as soon as practical after the entitlement arises, but the employer and worker can agree to split it, defer it, or take it in advance. The employer must give at least 60 days' notice unless agreed otherwise.\n- **What if employment ends?** If the worker leaves or is fired (except for serious misconduct) after 10 years, they get a payout for unused leave. If they die, the payment goes to their estate.\n- **Record-keeping:** Employers must keep detailed records of service, leave taken, and payments. Inspectors can enter premises and demand records. Fines apply for non-compliance.\n- **Enforcement:** An inspector can order an employer to grant leave or pay. The South Australian Employment Tribunal (SAET) can also make orders if the employer fails.\n- **Exemptions:** SAET can allow an employer to follow a different long service leave scheme (e.g., from an award or enterprise agreement) if it doesn't disadvantage workers.\n- **Interaction with other laws:** If a worker already gets long service leave under a federal law or another state law, they can choose which one to use, but not both. Certain workers (e.g., those covered by federal fair work instruments) are excluded.\n\n**Why it matters:** This law sets a minimum standard for long service leave in South Australia, ensuring workers who stay with an employer for many years get a decent paid break. It affects all employers and workers in the state."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not successfully loaded. The URL returned a 404 error, meaning no content from the Act itself was available for analysis."},"complexity_factors":["No legislative text was actually retrieved — only a website error page was provided","Cannot assess actual complexity of provisions, definitions, exceptions, or cross-references","Score reflects the general nature of long service leave legislation, which is typically moderate in complexity, downgraded due to inability to verify specific provisions"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully load the actual text of South Australia's *Long Service Leave Act 1987*. Instead, it returned a **404 Page Not Found** error from the SA legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What we can tell you generally:**\nThe *Long Service Leave Act 1987* (SA) is a South Australian law that gives employees the right to take **long service leave** — a period of paid leave rewarded to workers who have stayed with the same employer for a significant length of time (typically around 10 years). It sets out:\n- How long you need to work before you're entitled to leave\n- How much leave you get\n- When and how you can take it\n- What happens to your entitlement if you resign, are dismissed, or your employer changes\n\n**Who does it affect?**\nMost workers employed in South Australia under state industrial laws. Some industries or workers covered by federal awards may have different arrangements.\n\n**Why does it matter?**\nLong service leave is a significant financial entitlement for long-term workers. Employers must plan and budget for it, and employees need to know their rights to make sure they aren't missing out.\n\n> ⚠️ **Note:** The actual legislative text could not be retrieved. This summary is based on general knowledge of the Act, not the specific provisions loaded from the source URL. For accurate details, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-act-1987","history":"/api/acts/long-service-leave-act-1987/history","analysis":"/api/acts/long-service-leave-act-1987/analysis","conflicts":"/api/acts/long-service-leave-act-1987/conflicts","importantCases":"/api/acts/long-service-leave-act-1987/important-cases","documents":"/api/acts/long-service-leave-act-1987/documents"}}