{"id":"nsw:sl-2021-0293","name":"Long Service Leave Regulation 2021","slug":"long-service-leave-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"293 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176300,"registerId":"nsw-nsw:sl-2021-0293-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary\n\n**pt 1, hdg:** Ins 2022 (214), Sch 1\\[1\\].","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Long Service Leave Regulation 2021](/view/html/inforce/current/sl-2021-0293).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Long Service Leave Regulation 2016](/view/html/repealed/current/sl-2016-0547), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Long Service Leave Act 1955](/view/html/inforce/current/act-1955-038).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed annual amount of a worker’s ordinary pay","content":"# Part 2 Prescribed annual amount of a worker’s ordinary pay\n\nPart 2 Prescribed annual amount of a worker’s ordinary pay\n\n**pt 2, hdg:** Ins 2022 (214), Sch 1\\[2\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Calculating ordinary pay for payment of leave—bonuses","content":"#### 4 Calculating ordinary pay for payment of leave—bonuses\n\n4 Calculating ordinary pay for payment of leave—bonuses\n\n> For the purposes of section 3(2C) of the Act, the prescribed annual amount of a worker’s ordinary pay is the greater of the following—\n> \n> > (a) $144,000,\n> \n> > (b) the amount calculated, from time to time, in accordance with Chapter 2, regulation 2.13 of the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Note—\n> \n> Section 3(2C) of the Act provides that, for the purpose of paying long service leave, bonuses do not form part of a worker’s ordinary pay if the worker’s annual ordinary pay exceeds the amount prescribed by the regulations. This clause prescribes that amount.\n> \n> **cl 4:** Am 2022 No 59, Sch 2.29.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Long service leave records","content":"# Part 3 Long service leave records\n\nPart 3 Long service leave records\n\n**pt 3:** Ins 2022 (214), Sch 1\\[3\\].","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Application","content":"#### 4A Application\n\n4A Application\n\n> This Part prescribes, for the Act, section 8—\n> \n> > (a) the way in which an employer must keep the long service leave records in relation to workers employed by the employer, and\n> \n> > (b) matters about the transfer of the long service leave record in relation to workers, or copies of the long service leave records, to the successor of an employer.\n> \n> Note—\n> \n> The Act, section 8(3) provides that the employer must keep the records for a period of at least 6 years after the day on which the worker ceases to be employed by the employer.\n> \n> **cl 4A:** Ins 2021 (557), sec 3. Rep 2022 (293), cl 4A(2). Ins 2022 (214), Sch 1\\[3\\].","sortOrder":7},{"sectionNumber":"4B","sectionType":"section","heading":"Content of records—general","content":"#### 4B Content of records—general\n\n4B Content of records—general\n\n> > (1) The long service leave record relating to a worker must include the following particulars—\n> > \n> > > (a) the name of the employer,\n> > \n> > > (b) the Australian Business Number of the employer,\n> > \n> > > (c) the name of the worker to whom the record relates,\n> > \n> > > (d) if any conditions of employment of the worker are set by an industrial instrument—the classification of the worker under the instrument,\n> > \n> > > (e) if the worker is employed full-time or part-time,\n> > \n> > > (f) if the worker is employed on a permanent, temporary or casual basis,\n> > \n> > > (g) if the worker is an apprentice or trainee within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080)—the date the worker became an apprentice or trainee,\n> > \n> > > (h) the date the worker was first employed with the employer,\n> > \n> > > (i) if the worker’s employment is terminated—the date of termination.\n> \n> > (2) In this clause—\n> > \n> > industrial instrument means any of the following—\n> > \n> > > (a) a state award,\n> > \n> > > (b) a state enterprise agreement,\n> > \n> > > (c) a public sector industrial agreement,\n> > \n> > > (d) a contract determination,\n> > \n> > > (e) a contract agreement,\n> > \n> > > (f) a modern federal award,\n> > \n> > > (g) a federal enterprise agreement.\n> \n> **cl 4B:** Ins 2022 (214), Sch 1\\[3\\].","sortOrder":8},{"sectionNumber":"4C","sectionType":"section","heading":"Content of records—leave","content":"#### 4C Content of records—leave\n\n4C Content of records—leave\n\n> The long service leave record relating to a worker must include the following particulars about long service leave to which the worker is entitled under the Act—\n> \n> > (a) any long service leave taken by the worker, including—\n> > \n> > > (i) the dates on which the long service leave was taken, and\n> > \n> > > (ii) the gross amount paid to the worker in relation to the long service leave,\n> \n> > (b) the worker’s entitlement to long service leave—\n> > \n> > > (i) on the date when the worker completes 10 years of service with the employer, and\n> > \n> > > (ii) on the date when the worker completes each subsequent 5 years of service with the employer,\n> \n> > (c) the amount of any bonuses, within the meaning of the Act, section 3(2)(c), included in the calculation of the worker’s ordinary pay for the purposes of the Act,\n> \n> > (d) any payment to the worker relating to long service leave on termination of the worker’s employment,\n> \n> > (e) a copy of any application made by the worker to take long service leave,\n> \n> > (f) a copy or record of any agreement between the employer and worker to the worker taking long service leave under the Act, section 4(3AA) or (3A).\n> \n> **cl 4C:** Ins 2022 (214), Sch 1\\[3\\].","sortOrder":9},{"sectionNumber":"4D","sectionType":"section","heading":"Keeping records","content":"#### 4D Keeping records\n\n4D Keeping records\n\n> > (1) The long service leave record relating to a worker must be—\n> > \n> > > (a) in a legible form in the English language, or\n> > \n> > > (b) in an electronic or other form that is—\n> > > \n> > > > (i) readily accessible, and\n> > > \n> > > > (ii) convertible into a legible form in the English language.\n> \n> > (2) An employer must make the long service leave records relating to workers available, in a legible form in the English language, to the following—\n> > \n> > > (a) an inspector or other person authorised to exercise a power under the Act to inspect records,\n> > \n> > > (b) the worker to whom the long service leave record relates.\n> \n> **cl 4D:** Ins 2022 (214), Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"4E","sectionType":"section","heading":"Transfer of records to successor employers","content":"#### 4E Transfer of records to successor employers\n\n4E Transfer of records to successor employers\n\n> > (1) This clause applies to the transfer from an employer (the former employer) to the successor of the employer (the new employer) of records kept by the former employer relating to transferred workers.\n> \n> > (2) The former employer must transfer to the new employer all records relating to the transferred employee that, at the date of transfer, the former employer is required to keep under the Act, section 8.\n> \n> > (3) The new employer must keep the transferred records as if the records had been made by the new employer at the time the records were made by the former employer.\n> \n> > (4) The former employer is required to keep a copy of the transferred records for a period of at least 6 years after the records were made.\n> \n> > (5) The new employer is not required to make records of anything occurring in the course of the transferred employee’s employment with the former employer.\n> \n> > (6) In this clause—\n> > \n> > transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment.\n> > \n> > transferred worker means a person who becomes a worker employed by a new employer as a result of the transfer of business to the new employer from a former employer.\n> \n> **cl 4E:** Ins 2022 (214), Sch 1\\[3\\].","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Repeal and savings","content":"# Part 4 Repeal and savings\n\nPart 4 Repeal and savings\n\n**pt 4, hdg:** Ins 2022 (214), Sch 1\\[4\\].","sortOrder":12},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Long Service Leave Regulation 2016](/view/html/repealed/current/sl-2016-0547) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Long Service Leave Regulation 2016](/view/html/repealed/current/sl-2016-0547), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: prescribing administrative details for the Long Service Leave Act 1955. The 2022 amendments added specific record-keeping requirements (Part 3) and updated the bonus threshold, but these are natural elaborations of the Regulation's core function rather than scope creep. The instrument has not expanded into unrelated policy areas."},"complexity_factors":["Short length (5 substantive clauses across 4 Parts)","Minimal cross-referencing (only references to the parent Act and federal Fair Work Regulations)","Straightforward conditional logic (single 'greater of' calculation in clause 4)","Only 3 defined terms ('the Act', 'industrial instrument', 'transfer of business', 'transferred worker')","Clear structure with descriptive headings","No nested exceptions or complex temporal provisions"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the administrative rules for how employers in New South Wales must handle **long service leave** entitlements for their workers. It operates under the main *Long Service Leave Act 1955*.\n\n**Key things it covers:**\n\n*   **Bonuses and pay calculations (Clause 4):** It sets a dollar threshold ($144,000 or a higher amount linked to federal Fair Work rules) to determine when bonuses are **excluded** from a worker's ordinary pay when calculating long service leave payments. If a worker earns more than this amount, their bonuses don't count toward their leave pay.\n\n*   **Record-keeping requirements (Part 3):** It tells employers exactly what details they must record about each worker's long service leave, including:\n    *   Worker and employer names and business numbers\n    *   Employment type (full-time, casual, apprentice, etc.)\n    *   Dates of employment and termination\n    *   Leave taken, payments made, and entitlements accrued at 10 years and every 5 years after\n    *   Copies of leave applications and agreements\n\n*   **How to keep records:** Records must be in English or in an electronic format that can be easily converted to English. Employers must make these records available to inspectors and to the workers themselves.\n\n*   **Business transfers:** When a business is sold or transferred, the old employer must hand over all long service leave records to the new employer, who then becomes responsible for them. The old employer must keep copies for 6 years.\n\n*   **Repeal and continuity:** It replaces the 2016 version of these rules, but anything that was valid under the old rules remains valid under the new ones.\n\n**Who it affects:**\n\n*   **Employers** in NSW who must track and manage long service leave for their workers\n*   **Workers** in NSW who are entitled to long service leave under the 1955 Act\n*   **Business buyers/sellers** who need to transfer employment records during a sale\n\n**Why it matters:**\n\nLong service leave is a significant employment entitlement in Australia (typically 2 months leave after 10 years of service). This Regulation ensures there's a clear, consistent paper trail so workers actually receive what they've earned, and employers know exactly what they must document and for how long. Without these rules, disputes over entitlements would be much harder to resolve."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulation replaces the Long Service Leave Regulation 2016 and restates existing obligations while introducing a specified monetary threshold ($144,000) for excluding bonuses from ordinary pay and detailed mandatory record‑keeping and transfer rules for employers. A savings clause preserves acts and rights that existed under the 2016 Regulation (cl 4, cl 4B–4E, cl 5)."},"complexity_factors":["Cross‑reference to Commonwealth Fair Work Regulations for the alternative calculation of the prescribed amount (cl 4)","Two‑part numeric test for prescribed annual amount (greater of fixed $144,000 or amount under FW Regulations) (cl 4)","Detailed, prescriptive record content requirements covering employment status, dates, payments and applications (cl 4B, 4C)","Technical requirements for format, accessibility and language of records and inspection rights (cl 4D)","Record‑transfer and retention obligations on business transfers, including 6‑year retention and treatment by successor employer (cl 4E; Act s 8 noted)","Repeal and savings provision preserving pre‑existing legal effects while replacing the 2016 Regulation (cl 5)"],"plain_english_summary":"This Regulation fixes how bonuses are treated when calculating ordinary pay for long service leave (the greater of $144,000 or the amount under the Commonwealth Fair Work Regulations) and sets mandatory, detailed record‑keeping, transfer and retention rules for employers about workers’ long service leave (cls 4, 4B–4E). It applies to employers (who must keep, provide and transfer records and apply the pay threshold) and to workers whose leave entitlements and leave‑pay calculations may be affected; it also repeals and replaces the 2016 Regulation while preserving existing effects (cl 5)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the regulation's scope changed from its original intent. The metadata shows five versions between June 2021 and January 2023, suggesting amendments were made, but the nature and extent of any scope changes cannot be assessed from the available text."},"complexity_factors":["Only metadata and navigation content was provided — the actual substantive provisions of the regulation are absent, preventing full complexity assessment","Multiple amendment versions (5 versions between 2021–2023) suggest the regulation has been revised, which can create complexity in determining which rules applied at any given time","Subordinate legislation (regulations) typically derive complexity from their interaction with the parent Act, which cannot be assessed here","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer for users relying on this regulation near its 2026 expiry date","Score is conservatively low given the absence of substantive content to analyse"],"plain_english_summary":"This regulation supplies the detailed rules under NSW’s Long Service Leave Act that govern how long service leave is calculated and administered for covered workers and employers. The provided materials lacked the regulation’s substantive text, so specific entitlements and procedures can’t be summarized here. The current form has applied since 13 Jan 2023, has been amended since 2021, and is set to automatically expire on 1 Sep 2026 unless renewed."}},"importantCases":[],"_links":{"self":"/api/acts/long-service-leave-regulation-2021","history":"/api/acts/long-service-leave-regulation-2021/history","analysis":"/api/acts/long-service-leave-regulation-2021/analysis","conflicts":"/api/acts/long-service-leave-regulation-2021/conflicts","importantCases":"/api/acts/long-service-leave-regulation-2021/important-cases","documents":"/api/acts/long-service-leave-regulation-2021/documents"}}