Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.56Application for entitlement to long service leave or payment instead of long service leave
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sec.56 Application for entitlement to long service leave or payment instead of long service leave
A registered worker who has service credits in the register of workers may apply to the authority in the approved form for— long service leave; or payment for the long service leave to which the registered worker is entitled under section 57 . If the building and construction industry award or agreement applying to the worker provides for the payment of all or part of an entitlement to long service leave instead of taking the leave or part of the leave, the worker and the authority may agree, by signed agreement, that the worker be paid for all or part of the entitlement in accordance with the award or agreement. If no building and construction industry award or agreement provides for the worker to be paid all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made only if— the worker has accrued 10 years service in the register of workers; and the industrial relations commission has ordered the payment under the Industrial Relations Act 2016 , section 110 . The personal representative of a person who died having service credits in the register of workers may apply to the authority in the approved form for payment for the credits to which the person was entitled under section 57 (1) immediately before his or her death. s 56 amd 1994 No. 65 s 3 sch ; 1998 No. 44 ss 13 , 3 sch sub 2000 No. 61 s 44 amd 2001 No. 18 s 12 ; 2005 No. 27 s 3 sch ; 2013 No. 61 s 117 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 (sec.56-ssec.1) A registered worker who has service credits in the register of workers may apply to the authority in the approved form for— long service leave; or payment for the long service leave to which the registered worker is entitled under section 57 . (sec.56-ssec.2) If the building and construction industry award or agreement applying to the worker provides for the payment of all or part of an entitlement to long service leave instead of taking the leave or part of the leave, the worker and the authority may agree, by signed agreement, that the worker be paid for all or part of the entitlement in accordance with the award or agreement. (sec.56-ssec.3) If no building and construction industry award or agreement provides for the worker to be paid all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made only if— the worker has accrued 10 years service in the register of workers; and the industrial relations commission has ordered the payment under the Industrial Relations Act 2016 , section 110 . (sec.56-ssec.4) The personal representative of a person who died having service credits in the register of workers may apply to the authority in the approved form for payment for the credits to which the person was entitled under section 57 (1) immediately before his or her death.