sec.61Election to take benefits under this Act or Industrial Relations Act

sec.61 Election to take benefits under this Act or Industrial Relations Act

A registered worker is not entitled to be paid long service leave for a period of service as a worker in the building and construction industry if the worker has taken or received— a benefit for the period under part 12 , division 3 of the Industrial Relations Act 1990 or a law of another State or a Territory that corresponds to that division; or a benefit for the period under the Industrial Relations Act 1999 , chapter 2 , part 3 , or chapter 2A , part 2 , division 6 , or a law of another State that corresponds to those provisions; or a benefit for the period under the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , or a law of another State that corresponds to those provisions; or benefits in the nature of long service leave (however arising). Subsection (1) applies whether the period was before or after, or partly before and partly after, the commencement of this part. A registered worker who— in respect of a period of service as a worker in the building and construction industry (whether that period was before or after, or partly before and partly after, the commencement of this part) becomes entitled to a benefit mentioned in subsection (1) ; and for any part of the period, has applied for and taken (whether before or after, or partly before and partly after, that commencement) any long service leave in advance; is not entitled to be paid long service leave for service the worker had in the industry during a period by reference to which the leave was calculated. A registered worker or the personal representative of a registered worker who is paid— a long service leave payment under this Act; or a long service leave benefit under a corresponding law; for a period by reference to which the leave or benefit was calculated, is not entitled to a benefit under the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , or a benefit in the nature of long service leave under a scheme to which an exemption granted to an employer under section 113 of that Act relates. Subject to this Act, a person is entitled to the benefit provided by this Act despite any other Act. s 61 amd 1993 No. 66 s 3 sch ; 1997 No. 21 s 36 ; 1998 No. 44 s 3 sch ; 1999 No. 33 s 747 sch 3 ; 2005 No. 27 s 15 ; 2013 No. 61 s 117 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 (sec.61-ssec.1) A registered worker is not entitled to be paid long service leave for a period of service as a worker in the building and construction industry if the worker has taken or received— a benefit for the period under part 12 , division 3 of the Industrial Relations Act 1990 or a law of another State or a Territory that corresponds to that division; or a benefit for the period under the Industrial Relations Act 1999 , chapter 2 , part 3 , or chapter 2A , part 2 , division 6 , or a law of another State that corresponds to those provisions; or a benefit for the period under the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , or a law of another State that corresponds to those provisions; or benefits in the nature of long service leave (however arising). (sec.61-ssec.2) Subsection (1) applies whether the period was before or after, or partly before and partly after, the commencement of this part. (sec.61-ssec.3) A registered worker who— in respect of a period of service as a worker in the building and construction industry (whether that period was before or after, or partly before and partly after, the commencement of this part) becomes entitled to a benefit mentioned in subsection (1) ; and for any part of the period, has applied for and taken (whether before or after, or partly before and partly after, that commencement) any long service leave in advance; is not entitled to be paid long service leave for service the worker had in the industry during a period by reference to which the leave was calculated. (sec.61-ssec.4) A registered worker or the personal representative of a registered worker who is paid— a long service leave payment under this Act; or a long service leave benefit under a corresponding law; for a period by reference to which the leave or benefit was calculated, is not entitled to a benefit under the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , or a benefit in the nature of long service leave under a scheme to which an exemption granted to an employer under section 113 of that Act relates. (sec.61-ssec.5) Subject to this Act, a person is entitled to the benefit provided by this Act despite any other Act.