Part 5General

Part 5—General

15 No double-dipping

Sch. 1 cl. 15(1) amended by No. 14/2021 s. 54(1).

(1) If a registered active worker for the community services sector has an entitlement to long service leave, or the payment of long service benefits, under a fair work instrument, the Long Service Leave Act 2018 or a contract of employment, the entitlements of the worker and the obligations of the employer and the Authority under this Act are to be determined in accordance with the regulations.

(2) Regulations made for the purposes of subclause (1) must give effect to the following principles—

Sch. 1 cl. 15(2)(a) amended by No. 14/2021 s. 54(2).

(a) a worker is not to be entitled to both long service leave under a fair work instrument, the Long Service Leave Act 2018 or a contract of employment and payment of a long service benefit under this Act in respect of the same service period;

Sch. 1 cl. 15(2)(b) amended by No. 14/2021 s. 54(2).

(b) an employer is not to be required to pay a worker for long service leave under a fair work instrument, the Long Service Leave Act 2018 or a contract of employment and to pay a levy under this Act for the worker in respect of the same service period;

Sch. 1 cl. 15(2)(c) amended by No. 14/2021 s. 54(2).

(c) the Authority is not to be required to pay a long service benefit to a worker under this Act and to reimburse an employer for long service leave granted to the worker under a fair work instrument, the Long Service Leave Act 2018 or a contract of employment in respect of the same service period.

(3) To avoid doubt, the regulations may modify the operation of the other provisions of this Act for the purpose of giving effect to the principles set out in subclause (2).

Sch. 1 cl. 16 repealed by No. 14/2021 s. 55.