96Recognition of previous service on employee's application

96 Recognition of previous service on employee's application (1) This section applies if the employer of a transitional employee: (a) has not made an election under section 95 for the recognition of the employee's previous service; or (b) has made such an election but fails to pay all or part of the amount that the employer is required to pay for that recognition. (2) The employee or the employee's personal representative may apply for long service leave or a long service benefit under section 18, 19, 21 or 22 (as the case may be) as if the previous service had been recognised and converted into an LSL credit under section 95. (3) However, subsection (2) only applies if the employee's continuous service with the employer remains unbroken at the following time (the relevant time): (a) for an application under section 18 or 19 – the time of the application; (b) for an application under section 21 – immediately before the employee is last credited with any qualifying service, ceases to carry out construction work, retires or dies (as the case requires); (c) for an application under section 22 – immediately before the employee ceases to carry out construction work. (4) If the Board is satisfied that the applicant would be entitled to make the application had the previous service been recognised and converted into an LSL credit under section 95: (a) the Board must recognise the previous service; and (i) convert the previous service into the LSL credit in accordance with the Determinations; and (ii) credit the employee with the LSL credit; and (c) the recognition, conversion and crediting are taken to have occurred immediately before the relevant time; and (d) the Board must decide the application on the basis that the employee had the LSL credit at the relevant time.

Construction Industry Long Service Leave and Benefits Act 2005 60 (5) In addition, the Registrar must: (a) in accordance with the Determinations, decide the amount that the employer must pay for the recognition of the previous service, taking into account any amount that the employer has already paid under section 95 for the employee; and (b) notify the employer of the decision and the time by which the amount must be paid; and (c) state in the notification: (i) the reasons for the decision; and (ii) that the employer is entitled to apply for a reconsideration or review in relation to the decision under Part 5, Division 4. (6) The employer must pay to the Board the amount at or before the time specified in the notification. (7) The amount: (a) is a debt due to the Board from that time; and jurisdiction by the Board or by a person appointed by the Board to act on its behalf. (8) To avoid doubt: (a) subsection (2) has effect subject to section 4; and (b) subsection (4) has effect whether or not the employer complies with subsection (6).