sec.110Payment instead of long service leave

### sec.110 Payment instead of long service leave An employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave under subsection (2) or (3) . The payment may be made if— a relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and the employee and employer agree by a signed agreement the payment may be made; and the payment is made in accordance with the industrial instrument. If no relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement, the payment may be made only if the payment is ordered by the commission on application by the employee. The commission may order the payment only if satisfied the payment should be made— on compassionate grounds; or on the ground of financial hardship. The full bench must not make a general ruling that allows an employee to be paid for an entitlement to long service leave instead of taking the leave. In this section— employee includes a registered worker under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . entitlement to long service leave includes an entitlement to long service leave under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . s 110 amd 2020 No. 19 s 135 (sec.110-ssec.1) An employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave under subsection (2) or (3) . (sec.110-ssec.2) The payment may be made if— a relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and the employee and employer agree by a signed agreement the payment may be made; and the payment is made in accordance with the industrial instrument. (sec.110-ssec.3) If no relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement, the payment may be made only if the payment is ordered by the commission on application by the employee. (sec.110-ssec.4) The commission may order the payment only if satisfied the payment should be made— on compassionate grounds; or on the ground of financial hardship. (sec.110-ssec.5) The full bench must not make a general ruling that allows an employee to be paid for an entitlement to long service leave instead of taking the leave. (sec.110-ssec.6) In this section— employee includes a registered worker under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . entitlement to long service leave includes an entitlement to long service leave under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . - (a) a relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and - (b) the employee and employer agree by a signed agreement the payment may be made; and - (c) the payment is made in accordance with the industrial instrument. - (a) on compassionate grounds; or - (b) on the ground of financial hardship. - (a) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; - (b) the Community Services Industry (Portable Long Service Leave) Act 2020 ; - (c) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . - (a) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; - (b) the Community Services Industry (Portable Long Service Leave) Act 2020 ; - (c) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .