sec.69Retrospective service credits

sec.69 Retrospective service credits

A registered worker, or person who applies to become a registered worker, may apply to the authority for credit for service ( retrospective service credit ) for a time the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement. The authority must credit the applicant in the register of workers with the retrospective service credits the authority reasonably considers the applicant is entitled to if— the authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and the applicant is, or becomes, a registered worker. However, a registered worker must not be credited with retrospective service credits— for more than 5 years; or for more than 365 days for any year in the 5 year period; or for a period for which the worker has an entitlement under subsection (4) . If a worker, who is entitled to become a registered worker on the commencement, has an entitlement to long service leave under the Industrial Relations Act 1999 from an employer, the liability for the entitlement remains with the employer. The authority must nominate the total amount of the ordinary wages for the period of the retrospective service credits. For calculating the amount of a long service leave payment under section 73 , the amount of the ordinary wages nominated by the authority under subsection (5) is taken to have been earned by the worker in a return period. The authority must give the applicant an information notice about the decision and, if the authority credits the registered worker with retrospective service credits, the notice must include— the amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2) ; and the total amount of the ordinary wages the authority has nominated under subsection (5) . In this section— commencement means commencement of this section. employer means an employer of the worker (on or before the commencement) for the period for which the worker applies for retrospective service credit. (sec.69-ssec.1) A registered worker, or person who applies to become a registered worker, may apply to the authority for credit for service ( retrospective service credit ) for a time the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement. (sec.69-ssec.2) The authority must credit the applicant in the register of workers with the retrospective service credits the authority reasonably considers the applicant is entitled to if— the authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and the applicant is, or becomes, a registered worker. (sec.69-ssec.3) However, a registered worker must not be credited with retrospective service credits— for more than 5 years; or for more than 365 days for any year in the 5 year period; or for a period for which the worker has an entitlement under subsection (4) . (sec.69-ssec.4) If a worker, who is entitled to become a registered worker on the commencement, has an entitlement to long service leave under the Industrial Relations Act 1999 from an employer, the liability for the entitlement remains with the employer. (sec.69-ssec.5) The authority must nominate the total amount of the ordinary wages for the period of the retrospective service credits. (sec.69-ssec.6) For calculating the amount of a long service leave payment under section 73 , the amount of the ordinary wages nominated by the authority under subsection (5) is taken to have been earned by the worker in a return period. (sec.69-ssec.7) The authority must give the applicant an information notice about the decision and, if the authority credits the registered worker with retrospective service credits, the notice must include— the amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2) ; and the total amount of the ordinary wages the authority has nominated under subsection (5) . (sec.69-ssec.8) In this section— commencement means commencement of this section. employer means an employer of the worker (on or before the commencement) for the period for which the worker applies for retrospective service credit.