sec.59Amount of long service leave payment

sec.59 Amount of long service leave payment

In this section— LSLP (long service leave payment) means the amount of long service leave payment. P (pay), in relation to an application by a registered worker under section 56 , means the lesser of the following amounts— the amount of ordinary pay for a normal working week that is, in the authority’s opinion, payable to the registered worker; the amount fixed under section 59A (1) . relevant award or agreement means the relevant building and construction industry award or agreement. S (service) means the number of days’ service with which the registered worker for whom the application is made is credited in the register of workers— on the day when the entitlement to long service leave payment first arose; or if the worker or personal representative asks—on the day the application is filed with the authority. As soon as practicable after an application is made under section 56 , the authority must pay to the applicant long service leave payment worked out under the following formula— Subsection (2) is subject to the following sections— section 57 (Entitlement to long service leave) section 60 (Long service leave payment not payable in certain cases). The authority must pay a registered worker for any public holiday that happens during long service leave taken by the worker. Unless it is likely to be the last payment for a long service leave entitlement paid to the applicant by the authority, the authority must not pay the applicant for a period of long service leave that is less than 5 days. Long service leave is to be paid for as ordinary time. For the purpose of making long service leave payment, ordinary time is taken to be worked continuously by the registered worker concerned during the period of the worker’s long service leave. If, immediately before starting long service leave, a registered worker is being paid for ordinary time worked at a rate higher than the rate payable under the relevant award or agreement for ordinary time, the worker’s long service leave is to be paid for at the rate at which the worker is being paid as ordinary time. For the purpose of making long service leave payment at the higher rate, ordinary time at that rate is, subject to subsection (10) , taken to be worked continuously by the worker during the period of long service leave. If, during the worker’s long service leave, the rate payable for ordinary time under the relevant award or agreement is— increased to a rate higher than the rate at which the worker is entitled to be paid—the worker is to be paid at the increased rate for the part of the period of leave during which the increased rate is the rate for ordinary time payable under the relevant award or agreement; or decreased—the worker may be paid at the rate at which the worker is entitled to be paid before the decrease less the whole or any portion of the amount of the decrease, for any part of the period of leave during which that decreased rate is the rate for ordinary time payable under the relevant award or agreement. If the authority is satisfied that— a registered worker who intends starting a period of long service leave is usually paid a rate greater than the rate for ordinary time payable under the relevant award or agreement; and the registered employer of the worker before the worker starts the leave decreases or increases the rate at which the worker is usually paid; the authority, in forming the opinion mentioned in the component P in subsection (2) must have regard to the circumstances in which the decrease or increase was made. s 59 amd 1994 No. 65 s 19 , 3 sch ; 1998 No. 44 ss 15 , 3 sch ; 2000 No. 61 s 47 ; 2005 No. 27 ss 14 , 3 sch ; 2007 No. 36 s 2 sch ; 2008 No. 67 s 300 ; 2009 No. 49 s 16 (sec.59-ssec.1) In this section— LSLP (long service leave payment) means the amount of long service leave payment. P (pay), in relation to an application by a registered worker under section 56 , means the lesser of the following amounts— the amount of ordinary pay for a normal working week that is, in the authority’s opinion, payable to the registered worker; the amount fixed under section 59A (1) . relevant award or agreement means the relevant building and construction industry award or agreement. S (service) means the number of days’ service with which the registered worker for whom the application is made is credited in the register of workers— on the day when the entitlement to long service leave payment first arose; or if the worker or personal representative asks—on the day the application is filed with the authority. (sec.59-ssec.2) As soon as practicable after an application is made under section 56 , the authority must pay to the applicant long service leave payment worked out under the following formula— (sec.59-ssec.3) Subsection (2) is subject to the following sections— section 57 (Entitlement to long service leave) section 60 (Long service leave payment not payable in certain cases). (sec.59-ssec.4) The authority must pay a registered worker for any public holiday that happens during long service leave taken by the worker. (sec.59-ssec.5) Unless it is likely to be the last payment for a long service leave entitlement paid to the applicant by the authority, the authority must not pay the applicant for a period of long service leave that is less than 5 days. (sec.59-ssec.6) Long service leave is to be paid for as ordinary time. (sec.59-ssec.7) For the purpose of making long service leave payment, ordinary time is taken to be worked continuously by the registered worker concerned during the period of the worker’s long service leave. (sec.59-ssec.8) If, immediately before starting long service leave, a registered worker is being paid for ordinary time worked at a rate higher than the rate payable under the relevant award or agreement for ordinary time, the worker’s long service leave is to be paid for at the rate at which the worker is being paid as ordinary time. (sec.59-ssec.9) For the purpose of making long service leave payment at the higher rate, ordinary time at that rate is, subject to subsection (10) , taken to be worked continuously by the worker during the period of long service leave. (sec.59-ssec.10) If, during the worker’s long service leave, the rate payable for ordinary time under the relevant award or agreement is— increased to a rate higher than the rate at which the worker is entitled to be paid—the worker is to be paid at the increased rate for the part of the period of leave during which the increased rate is the rate for ordinary time payable under the relevant award or agreement; or decreased—the worker may be paid at the rate at which the worker is entitled to be paid before the decrease less the whole or any portion of the amount of the decrease, for any part of the period of leave during which that decreased rate is the rate for ordinary time payable under the relevant award or agreement. (sec.59-ssec.11) If the authority is satisfied that— a registered worker who intends starting a period of long service leave is usually paid a rate greater than the rate for ordinary time payable under the relevant award or agreement; and the registered employer of the worker before the worker starts the leave decreases or increases the rate at which the worker is usually paid; the authority, in forming the opinion mentioned in the component P in subsection (2) must have regard to the circumstances in which the decrease or increase was made.