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Industrial Relations Act 2016
sec.105Payment for long service leave
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### sec.105 Payment for long service leave
This section applies to an employee who is entitled to long service leave if the employee was a casual employee or regular part-time employee at any time during the employee’s continuous service to which the long service leave relates.
The minimum amount payable to the employee for long service leave is worked out using the formula—
An employee who worked 15,600 ordinary working hours over a 10-year period and is being paid an hourly rate of $12 is entitled to be paid—
In this section—
actual service means the total ordinary working hours actually worked by an employee during the employee’s period of continuous service.
hourly rate means the hourly rate for ordinary time payable to the employee—
if the employee takes the long service leave—on the day the employee’s leave starts; or
if the employee’s employment is terminated—on the day the termination takes effect.
(sec.105-ssec.1) This section applies to an employee who is entitled to long service leave if the employee was a casual employee or regular part-time employee at any time during the employee’s continuous service to which the long service leave relates.
(sec.105-ssec.2) The minimum amount payable to the employee for long service leave is worked out using the formula— An employee who worked 15,600 ordinary working hours over a 10-year period and is being paid an hourly rate of $12 is entitled to be paid—
(sec.105-ssec.3) In this section— actual service means the total ordinary working hours actually worked by an employee during the employee’s period of continuous service. hourly rate means the hourly rate for ordinary time payable to the employee— if the employee takes the long service leave—on the day the employee’s leave starts; or if the employee’s employment is terminated—on the day the termination takes effect.
- (a) if the employee takes the long service leave—on the day the employee’s leave starts; or
- (b) if the employee’s employment is terminated—on the day the termination takes effect.