sec.78If employer unable to pay entitlement

sec.78 If employer unable to pay entitlement

This section applies if the authority is satisfied — that— a registered worker is entitled to long service leave, other than under this Act, for a period when the worker was engaged by an employer; or a registered worker was, immediately before the worker’s death, entitled to long service leave, other than under this Act, for a period when the worker was engaged by an employer; and the employer who is liable to pay the long service leave entitlement can not pay the full amount of the entitlement. The employer may pay the authority the amount (the paid amount ) that represents the amount of the entitlement, less an amount the employer would have been entitled to be paid as calculated under section 76 if the employer had paid the full amount of the entitlement to the registered worker or the personal representative of the registered worker. If the employer pays the paid amount to the authority— the authority must pay the amount of the registered worker’s entitlement mentioned in subsection (1) (a) to— the registered worker; or if the registered worker has died—the personal representative of the registered worker; and the employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the registered worker— the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ; the Industrial Relations Act 2016 , section 105 . (sec.78-ssec.1) This section applies if the authority is satisfied — that— a registered worker is entitled to long service leave, other than under this Act, for a period when the worker was engaged by an employer; or a registered worker was, immediately before the worker’s death, entitled to long service leave, other than under this Act, for a period when the worker was engaged by an employer; and the employer who is liable to pay the long service leave entitlement can not pay the full amount of the entitlement. (sec.78-ssec.2) The employer may pay the authority the amount (the paid amount ) that represents the amount of the entitlement, less an amount the employer would have been entitled to be paid as calculated under section 76 if the employer had paid the full amount of the entitlement to the registered worker or the personal representative of the registered worker. (sec.78-ssec.3) If the employer pays the paid amount to the authority— the authority must pay the amount of the registered worker’s entitlement mentioned in subsection (1) (a) to— the registered worker; or if the registered worker has died—the personal representative of the registered worker; and the employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the registered worker— the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ; the Industrial Relations Act 2016 , section 105 .