13Amendment of Act No 2, 1940 and savings

#### 13 Amendment of Act No 2, 1940 and savings 13 Amendment of Act No 2, 1940 and savings > > (1) (Repealed) > > > (2) Where the provisions of an award or industrial agreement in force immediately before the commencement of the [Long Service Leave (Amendment) Act 1985](/view/pdf/asmade/act-1985-54) entitling workers to long service leave are not more favourable to the workers than the provisions of section 4 the first-mentioned provisions shall, as from the commencement of the [Long Service Leave (Amendment) Act 1985](/view/pdf/asmade/act-1985-54), be deemed to have been omitted from the award or industrial agreement. > > > > This subsection shall not apply to the provisions of any award or industrial agreement entitling persons, who are not workers entitled to long service leave under section 4, to long service leave. > > > (3) Where the provisions of an award or industrial agreement in force immediately before the commencement of this Act entitling workers to long service leave are more favourable to the workers than the provisions of section 4 the first-mentioned provisions shall not cease to have force or effect by reason only of the amendments to the [Industrial Arbitration Act 1940](/view/pdf/asmade/act-1940-2) made by subsection (1). > > > (4) Where pursuant to any provision of an award or industrial agreement to which subsection (2) applies— > > > > > (a) any person before the commencement of the [Long Service Leave (Amendment) Act 1985](/view/pdf/asmade/act-1985-54) became entitled to long service leave in respect of a period of service with an employer and that person is not entitled under this Act to long service leave in respect of that period of service with that employer, or > > > > > (b) long service leave has before such commencement accrued upon termination of the services of any person with an employer by reason of that person’s death, > > > > nothing in subsection (2) shall take away or affect the right of that person or of that person’s personal representative to any payment in respect of such leave. > > > > In relation to such payment all such proceedings may be taken or continued as might have been taken or continued had subsection (2) not been enacted. > > **s 13:** Am 1963 No 13, sec 2 (1) (d); 1983 No 99, Sch 2 (8); 1985 No 54, Schs 1 (2), 2 (15); 1999 No 85, Sch 4.