Contract Cleaning Industry (Portable Long Service Leave) Act 2005
sec.71Application for long service leave entitlement
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sec.71 Application for long service leave entitlement
A registered worker who has credit for service in the register of workers may apply to the authority for payment for— all or part of the registered worker’s long service leave entitlement under section 72 (1) ; or all of the registered worker’s long service leave entitlement under section 72 (2) (a) . A registered worker may be paid for all or part of the registered worker’s long service leave entitlement, without taking long service leave, if— an industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and the registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement. If the registered worker does not enter into a signed agreement under subsection (2) (b) , a payment may be made only if— the registered worker has accrued 3,650 days service in the register of workers; and the industrial commission has ordered the payment under the Industrial Relations Act 2016 , section 110 (3) . If a registered worker has died and, immediately before the death, the registered worker had an entitlement to long service leave under section 72 (1) , the registered worker’s personal representative may apply to the authority for payment for the entitlement. An application under this section must be in the approved form. If the authority refuses payment in relation to an application for payment under subsection (1) or (4) , the authority must give the applicant an information notice about the refusal. s 71 amd 2009 No. 49 s 19 ; 2016 No. 63 s 1157 sch 6 (sec.71-ssec.1) A registered worker who has credit for service in the register of workers may apply to the authority for payment for— all or part of the registered worker’s long service leave entitlement under section 72 (1) ; or all of the registered worker’s long service leave entitlement under section 72 (2) (a) . (sec.71-ssec.2) A registered worker may be paid for all or part of the registered worker’s long service leave entitlement, without taking long service leave, if— an industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and the registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement. (sec.71-ssec.3) If the registered worker does not enter into a signed agreement under subsection (2) (b) , a payment may be made only if— the registered worker has accrued 3,650 days service in the register of workers; and the industrial commission has ordered the payment under the Industrial Relations Act 2016 , section 110 (3) . (sec.71-ssec.4) If a registered worker has died and, immediately before the death, the registered worker had an entitlement to long service leave under section 72 (1) , the registered worker’s personal representative may apply to the authority for payment for the entitlement. (sec.71-ssec.5) An application under this section must be in the approved form. (sec.71-ssec.6) If the authority refuses payment in relation to an application for payment under subsection (1) or (4) , the authority must give the applicant an information notice about the refusal.