13Variation of certain awards etc

13 Variation of certain awards etc

13 Variation of certain awards etc

(1) 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 not more favourable to the workers than the provisions of section 4 the first-mentioned provisions shall, as from the commencement of this Act, 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.

(2) Where pursuant to any provision of an award or industrial agreement to which subsection (1) applies—

(a) any person before the commencement of this Act 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 (1) shall take away or affect the right of that person or of the person’s personal representative to any payment in respect of such leave.

In relation to such payments all such proceedings may be taken or continued as might have been taken or continued had subsection (1) not been enacted.

s 13: Am 1983 No 100, Sch 2 (9).