12Recovery of long service leave pay

12 Recovery of long service leave pay

12 Recovery of long service leave pay

(1) Any worker may apply to the Local Court, or to the Industrial Relations Commission in Court Session, for an order directing the employer to pay to the worker the full amount of any payment which has become due to the worker under this Act at any time during the period of 6 years immediately preceding the date of the application but not earlier than 2 years before the date of assent to the Long Service Leave (Metalliferous Mining Industry) Amendment Act 1983.

The Local Court or Industrial Relations Commission in Court Session may make any order it thinks just in the matter and may award costs to either party, and assess the amount of such costs.

(1A) (Repealed)

(2) In any case where the worker is a person employed to do any work for which the price or rate has been fixed by an award or agreement, proceedings under this section may, with the consent in writing of the worker, be taken by the secretary or other officer of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 concerned in the industry to which the award or agreement relates, in the name and on behalf of the worker.

Any amount ordered to be paid in proceedings under this subsection may be paid to the secretary or other officer and the receipt of the secretary or other officer shall be a sufficient discharge to the employer for the amount mentioned in the receipt.

Any amount so paid to the secretary or other officer (less any costs properly incurred in connection with the proceedings and not paid by the employer) shall be held by the secretary or officer on trust for the worker on whose behalf the proceedings were taken.

s 12: Am 1983 No 100, Schs 1 (4), 2 (6) (8); 1986 No 10, sec 2; 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1996 No 121, Sch 4.37 [9] [10]; 2007 No 94, Sch 4; 2016 No 48, Sch 2.27 [1]; 2023 No 41, Sch 2.25[1].