Schedule 1 Long service leave payments—
building and construction
1.1 What is the building and construction industry?
(1) The building and construction industry is—
(a) in relation to the ACT—the industry of constructing,
reconstructing, renovating, repairing, altering, demolishing or
maintaining the following:
(i) buildings, fences or swimming pools;
(ii) roadworks, light rail and other railways, airfields or other
works for the carriage of people, animals or vehicles;
(iii) breakwaters, docks, jetties, piers, wharves or works for the
improvement or alteration of a harbour, river or
watercourse for the purpose of navigation;
(iv) works for the storage or supply of water or the irrigation of
land;
(v) works for the carriage, treatment or disposal of sewage or
the effluent from any premises;
(vi) bridges, viaducts, aqueducts, tunnels or pipelines;
(vii) chimneystacks, cooling towers, drilling rigs, gas holders or
silos;
(viii) structures, fixtures or works for use in any building or
works mentioned in subparagraphs (i) to (vii);
Section 1.1
(ix) navigational lights, beacons or markers;
(x) works for the drainage of land;
(xi) works for the storage of liquids (other than water) or gases;
(xii) works for the transmission of electric power or wireless or
telegraphic communications; and
(2) Also, the building and construction industry, in relation to the ACT,
includes the following undertaken in relation to an activity mentioned
in subsection (1) (a):
(a) pile driving and site preparation;
(b) installing data cabling or security or electronic communication
systems;
(c) laying floor coverings;
(d) hard landscaping;
(e) building or construction work undertaken as part of training with
a registered training organisation under the National Vocational
Education and Training Regulator Act 2011 (Cwlth), section 3.
light rail—see the Road Transport (General) Act 1999, dictionary.
Section 1.2
1.2 What is building and construction work?
building and construction work means—
(a) work in the building and construction industry; or
(b) direct supervision of a worker carrying out work in the building
and construction industry.
Note The Minister may declare work or an activity to be building and
construction work (see s 12 (2) (d)) or to not be building and construction
work (see s 13 (2) (d)).
direct supervision, of a person, means the oversight by the
supervising person of the work of the person by—
(a) directing, demonstrating, monitoring and checking the person’s
work in a way that is appropriate to the person’s level of
competency; and
(b) ensuring the person’s capacity to respond in an emergency
situation.
1.3 Recognised service—building and construction industry
recognised service, for a registered worker in the building and
construction industry, means the total number of days of service
credit for all of the service periods of the worker less any days of
service credit that the worker—
(2) A registered worker for the building and construction industry is
taken to have completed a year of recognised service for each
220 days of recognised service.
Schedule Sch 1 - Long Service Leave (Portable Schemes) Act 2009 - Long service leave payments— | Zoe
Section 1.4
1.4 Service credit—building and construction industry—s 64
(1) A registered worker for the building and construction industry is to
be credited in the workers register with 1 day of service for each day
that the worker carries out building and construction work in each
service period on or after the worker’s registration day.
(2) However, the registrar must not enter more than 220 days of service
1.4A Service period—building and construction industry
building and construction industry is a continuous period—
Section 1.5
1.5 Long service leave formula—building and construction
The long service leave formula for the building and construction
industry is—
(a) for service before 20 December 1996—
(b) for service on or after 20 December 1996—
W = 1.3 × RS
Section 1.6
1.6 Amount of leave—building and construction industry
(1) A registered worker for the building and construction industry who
has 10 years or more recognised service is entitled to the number of
days of workers long service leave worked out in accordance with the
long service leave formula for the building and construction industry.
(2) A registered worker for the building and construction industry who
has 10 years or more recognised service is entitled to additional long
formula for the building and construction industry if the worker—
(a) becomes entitled to long service leave under this Act for work
done in the industry; and
(b) is credited in the workers register with an additional period of
service in the industry commencing on the date on which the
worker became entitled to the long service leave.
1.7 Grant of leave by employers—building and construction
(1) The employer of a registered employee for the building and
construction industry commits an offence if—
(3) The employer of a registered employee for the building and
construction industry commits an offence if—
Section 1.8
(i) not later than 2 months after the day when the long service
leave starts; or
employee for the building and construction industry of an employer,
means—
1.8 Entitlement to payment instead of leave—building and
(1) This section applies to a registered worker for the building and
construction industry who has at least 7 years recognised service if—
(a) the worker has permanently left the industry; and
(b) 20 weeks have passed since the day the worker permanently left
the industry; and
(c) the worker has not been credited with service in the workers
register for any of the days in the 20-week period.
Section 1.9
(2) Also, this section applies to a registered worker for the building and
construction industry if the worker has 5 years recognised service and
any of the following apply to the worker:
(a) the worker has left the industry because of total incapacity;
(b) the worker has reached the prescribed retiring age;
(c) the worker has died.
(3) If the governing board is satisfied that this section applies to the
for the amount of long service leave credited to the worker in the
workers register.
(a) in relation to a registered worker who has been granted a service
pension under the Veterans' Entitlements Act 1986 (Cwlth),
section 38 (Eligibility for partner service pension)—the age at
which the worker first receives payment of the service pension;
or
1.9 Payment for leave—building and construction industry
(1) A registered employee for the building and construction industry who
has been granted long service leave under section 1.7, or a registered
voluntary member for the industry who is entitled to long service
leave, may apply to the authority for payment for the leave.
section 1.11 (How are leave payments worked out for the building
and construction industry?) if the registrar is satisfied that—
work done in the building and construction industry; and
Section 1.10
1.10 Payment instead of leave—building and construction
(1) If a registered worker for the building and construction industry is
entitled to payment instead of long service leave under this Act, the
worker may apply to the authority for the payment.
(2) An application by a registered employee for the building and
construction industry on the ground that the employee has ceased
work in the building and construction industry because of total
incapacity must be accompanied by a certificate of a doctor certifying
that the employee is totally incapacitated for employment in the
Section 1.11
must pay to the applicant the amount payable under section 1.11
(How are leave payments worked out for the building and
construction industry?).
1.11 How are leave payments worked out for the building and
construction industry?
(1) For section 1.9 (Payment for leave—building and construction
industry) and section 1.10 (Payment instead of leave—building and
construction industry), the amount payable to a registered worker for,
or instead of, long service leave is—
section 1.12; and
section 1.13.
Section 1.12
John has 10 years of service in the building and construction industry, giving him
an entitlement to 13 weeks long service leave. He first worked in the industry as a
registered employee and accrued 7 weeks of the entitlement in that capacity. John
then worked as a registered voluntary member and accrued 6 weeks of the
John decides to take 9 weeks long service leave. The payment for the leave is the
total of the following amounts:
• the amount calculated under section 1.12 where ‘D’ is 1185 (ie it took
1185 days of service as a registered employee to accrue the first 7 weeks of
his long service leave entitlement);
• the amount calculated under section 1.13 which is the total of the amounts paid
to the authority under section 56 for his first 1.54 years work as a registered
voluntary member (ie it took 338 days of service as a registered voluntary
member to accrue the next 2 weeks of his long service leave entitlement) and
the interest under section 1.13 on those amounts.
1.12 Leave payments for service as registered employee—
(1) For section 1.11, the amount payable to a registered worker for long
building and construction industry is the amount worked out as
follows:R
D
fractiondefined
Section 1.12
worker in the workers register for service as an employee and to
which the payment relates.
defined fraction means—
(a) in relation to service that occurred before 20 December 1996—
0.8667; and
(b) in relation to service that occurred on or after
20 December 1996—1.3.
employee before the designated day.
Section 1.13
1.13 Leave payments for service as registered voluntary
member—building and construction industry
(1) For section 1.11 (How are leave payments worked out for the building
and construction industry?), the amount payable to a registered
worker for the building and construction industry for long service
leave for service accrued as a voluntary member is the total of the
following for the service:
time to time prior to the determination of the rate under
subsection (1).
(a) if the construction industry scheme funds invested made a
return—75% of the rate of the return for the financial year in
which the determination is made; or
designated day—see section 1.12.
Section 1.14
1.14 Payment by authority on reciprocal authority’s behalf—
(1) This section applies to a registered worker for the building and
construction industry who has a long service leave entitlement under
this Act and a corresponding law.
law.
1.15 Payments by reciprocal authority on authority’s behalf—
for work done in the building and construction industry.
D means the number of days of service credited to the person in the
workers register for service as an employee and to which the payment
relates.R
D
fractiondefined
Section 1.17
defined fraction means—
(a) in relation to service that occurred before 20 December 1996—
0.8667; and
(b) in relation to service that occurred on or after
20 December 1996—1.3.
amount payable to the person for the service credited to the person in
the State.
1.17 Records of payments and service—building and
(a) pays an amount to a registered worker for the building and
construction industry under section 1.9 (Payment for leave—
building and construction industry) or section 1.10 (Payment
instead of leave—building and construction industry); or
(b) reimburses a reciprocal authority under section 1.15 (2)
(Payments by reciprocal authority on authority’s behalf—
building and construction industry) for an amount paid to a
registered worker for the industry.
(2) The authority may delete from the workers register the details relating
to the period of service for which the worker has been paid.
(a) the period of service; and
Section 1.18
1.18 Public holidays not to count as leave—building and
service leave taken by a registered employee for the building and
construction industry.
Section 2.1
Schedule 2 Long service leave payments—
2.1 What is the services industry?
(1) The services industry is—
(a) in relation to the ACT—any of the following industries:
(i) the industry in which employers provide cleaning work to
other people through the provision of workers’ services
(the contract cleaning services industry);
(ii) the industry that provides hairdressing or beauty services
within the meaning of the ANZSIC, Division S,
Class 9511, Hairdressing and Beauty Services
(the hairdressing and beauty services industry);
(iii) the industry that provides accommodation, food, beverage
and hospitality services within the meaning of the
ANZSIC, Division H, Accommodation and Food Services
(the accommodation and food services industry); and
ANZSIC means the Australian and New Zealand Standard Industrial
Classification 2006 as in force from time to time.
Note The ANZSIC is available free of charge at www.abs.gov.au.
Section 2.2
2.2 What is services work?
services work means—
(a) in relation to the contract cleaning services industry—
(i) work that has, as its only or main component, bringing
premises into, or maintaining premises in, a clean
condition; or
(ii) the collection or sorting of waste at, or for, an identified
waste management facility if the employer providing the
work through the provision of services does so under a
contract with the Territory; and
(b) in relation to the hairdressing and beauty services industry—
providing hairdressing services or providing beauty services
(including nail care services, facials or applying make-up); and
(c) in relation to the accommodation and food services industry—
providing short-term accommodation for visitors, or meals,
snacks, and beverages for consumption by customers (whether
at the provider’s principal place of business or elsewhere).
Note 1 The Minister may declare work or an activity to be services work
(see s 12 (2) (d)) or to not be services work (see s 13 (2) (d)).
Note 2 For s (1) (b), medical skin care services such as cosmetic surgery and
dermatology services and medical or surgical hair replacement or
transplant services are excluded from the ANZSIC, Division S,
Class 9511.
Note 3 For s (1) (c), gambling institutions (casinos), amusement and recreation
parks, long-term (residential) caravan parks, theatre restaurants, sporting
clubs and other recreation or entertainment facilities providing food,
beverage and accommodation services are excluded from the ANZSIC,
Division H.
Section 2.3
(2) However, in relation to the accommodation and food services
industry, services work does not include providing professional,
scientific and technical services within the meaning of the ANZSIC,
Division M, Professional, Scientific and Technical Services.
(3) The Minister may determine that a facility is an identified waste
management facility for subsection (1), definition of services work,
paragraph (a) (ii).
(4) A determination is a notifiable instrument.
ANZSIC—see section 2.1 (2).
contract cleaning services industry—see section 2.1 (1) (a) (i).
2.3 Recognised service—services industry
recognised service, for a registered worker in the services industry,
means the total number of days of service credit for all of the service
periods of the worker less any days of service credit that the worker—
(2) A registered worker for the services industry is taken to have
completed a year of recognised service for each 365 days of
Section 2.4
2.4 Service credit—services industry—s 64
(1) A registered worker for the services industry is to be credited in the
workers register with 1 day of service for each day (including a day
when the worker does not carry out services work) in each service
period of the worker on or after the worker’s registration day.
period for the worker when the worker does not carry out services work.
2.4A Service period—services industry
services industry is a continuous period—
Section 2.5
2.5 Long service leave formula—services industry
The following is the long service leave formula for the services
2.6 Amount of leave—services industry
(1) A registered worker for the services industry who has 7 years or more
recognised service is entitled to the number of days of workers long
formula for the services industry.
(2) A registered worker for the services industry is entitled to long service
leave for additional days of service worked out in accordance with
the long service leave formula if the worker—
(a) becomes entitled to long service leave under this Act; and365
RS
0.8667W =
Section 2.7
2.7 Grant of leave by employers—services industry
(1) The employer of a registered employee for the services industry
(3) The employer of a registered employee for the services industry
(i) 2 months before the day when the long service leave starts;
or
employee for the services industry of an employer, means—
Section 2.8
2.8 Entitlement to payment instead of leave—services
(1) This section applies to a registered worker for the services industry
who has 5 years recognised service if—
(a) the worker has permanently left the industry; and
(b) 20 weeks have passed since the day the worker permanently left
the industry; and
(c) the worker has not been credited with service in the workers
register for any of the days in the 20-week period.
(2) Also, this section applies to a registered worker for the services
industry if the worker has 5 years recognised service and any of the
following apply to the worker:
(a) the worker has left the industry because of total incapacity;
(b) the worker has reached the prescribed retiring age;
(c) the worker has died.
(3) If the governing board is satisfied that this section applies to the
for the number of weeks long service leave worked out in accordance
with the long service leave formula.
Section 2.9
2.9 Payments for leave—services industry
(1) A registered employee for the services industry who has been granted
long service leave under section 2.7, or a registered voluntary
member who for the industry is entitled to long service leave, may
apply to the authority for payment for the leave.
section 2.11 (How are leave payments worked out for the services
industry?) if the governing board is satisfied that—
work done in the services industry; and
Section 2.10
2.10 Payments instead of leave—services industry
(1) If a registered worker for the services industry is entitled to payment
instead of long service leave under this Act, the worker may apply to
the authority for the payment.
(2) An application by a registered employee for the services industry on
the ground that the employee has ceased work in the services industry
because of total incapacity must be accompanied by a certificate of a
doctor certifying that the employee is totally incapacitated for
employment in the industry.
must pay to the applicant the amount payable under section 2.11.
Section 2.11
2.11 How are leave payments worked out for the services
(1) For section 2.9 (Payments for leave—services industry) and
section 2.10 (Payments instead of leave—services industry), the
amount payable to a registered worker for, or instead of, long service
leave is—
section 2.12; and
section 2.13.
Pat has 10 years of service in the services industry giving Pat an entitlement to
8.667 weeks long service leave. Pat first worked in the industry as a registered
employee and accrued 5 weeks of the entitlement in that capacity. Pat then worked
as a registered voluntary member and accrued 3.667 weeks of the entitlement in
that capacity.
Pat decides to take 7 weeks long service leave. The payment for the leave is the
total of the following amounts:
• the amount calculated under s 2.12 where ‘D’ is 2106 (ie it took 2106 days of
service as a registered employee to accrue the first 5 weeks of long service
leave entitlement);
Section 2.12
• the amount calculated under s 2.13, which is the total of the amounts paid to
the authority under s 56 for 842 days (2.31 years) of service as a registered
voluntary member (ie it took 842 days of service as a registered voluntary
member to accrue the next 2 weeks of long service leave entitlement) and the
interest under s 2.13 on those amounts.
2.12 Leave payments for service as registered employee—
(1) For section 2.11, the amount payable to a registered worker for long
services industry is the amount worked out as follows:
happened; orR
D
0.8667
Section 2.13
worker before the designated day;
(iv) the most recent 40 quarters of service as a registered
Henry has worked in the services industry for 7 years. The periods in par (b) (i),
(ii) and (iii) apply to Henry because he has completed more than 20 quarters (or
5 years), but less than 40 quarters (or 10 years), relevant service.
Henry’s average weekly income for the 2 quarters before the designated day is
$283. His weekly averages for the 4 and 20 quarters before the designated day are
$427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of
the weekly averages.
2.13 Leave payments for service as registered voluntary
member—services industry
(1) For section 2.11 (How are leave payments worked out for the services
industry?), the amount payable to a registered worker for the services
industry for long service leave for service accrued as a registered
voluntary member is the total of the following for the service:
Section 2.14
(a) if the services industry scheme funds invested made a return—
75% of the rate of the return for the financial year in which the
determination is made; or
2.14 Payments by authority on reciprocal authority’s behalf—
(1) This section applies to a registered worker for the services industry
who has a long service leave entitlement under this Act and a
corresponding law.
law.
Section 2.15
2.15 Payments by reciprocal authority on authority’s behalf—
for work done in the services industry.
employee in the workers register and to which the payment relates.
amount payable to the worker for the service credited to the worker
in the State.
2.17 Records of payments and service—services industry
(a) pays an amount to a registered worker for the services industry
under section 2.9 (Payments for leave—services industry) or
section 2.10 (Payments instead of leave—services industry); or
(b) reimburses a reciprocal authority under section 2.15 (Payments
by reciprocal authority on authority’s behalf—services industry)
for an amount paid to a registered worker.R
D
0.8667
Section 2.18
relating to the service period for which the worker has been paid.
(a) the period of the service; and
2.18 Public holidays not to count as leave—services industry
service leave taken by a registered worker for the services industry.
Section 3.1
Schedule 3 Long service leave payments—
3.1 What is the community sector industry?
(1) The community sector industry is—
(a) in relation to the ACT, any of the following:
(i) the industry of providing education and care services;
(ii) the industry of providing residential aged care services;
(iii) the industry of providing community aged care services;
(iv) the industry of providing employment placement services
for disabled people;
(v) the industry of providing the following residential care
services:
(A) care accommodation or homes for disadvantaged
people where nursing or medical care is not provided
as a major service;
(B) residential corrective services for young offenders;
(vi) the industry of providing community service advocacy
services;
(vii) the industry of providing non-residential care welfare
services (including fund-raising services for welfare
services) not included in subparagraphs (i) to (vi); and
Section 3.2
Note 1 State includes the Northern Territory (see Legislation Act, dict, pt 1).
Note 2 The definition of community sector industry was broadened to include
residential aged care services and community aged care services with
effect from 1 July 2016.
education and care service means an approved education and care
service under the Education and Care Services National Law (ACT),
section 5 (1).
Note The Education and Care Services National Law (ACT) Act 2011, s 6
applies the Education and Care Services National Law set out in the
Education and Care Services National Law Act 2010 (Vic), schedule as
if it were an ACT law called the Education and Care Services National
Law (ACT).
3.2 What is community sector work?
community sector work means work carried out in the community
sector industry.
Note The Minister may declare work or an activity to be community sector
work (see s 12 (2) (d)) or to not be community sector work
(see s 13 (2) (d)).
3.3 Recognised service—community sector industry
recognised service, for a registered worker in the community sector
industry, means the total number of days of service credit for all of
the service periods of the worker less any days of service credit that
the worker—
Section 3.4
(2) A registered worker for the community sector industry is taken to
have completed a year of recognised service for each 365 days of
3.4 Court or tribunal—not employer
A court or tribunal is not an employer for the community sector
Note A covered industry schedule may prescribe an entity not to be an
employer for the covered industry—see s 7 (3).
3.5 Service credit—community sector industry—s 64
(1) A registered worker for the community sector industry is to be
credited in the workers register with 1 day of service for each day
(including a day when the worker does not carry out community
sector work) in each service period of the worker on or after the
worker’s registration day.
period for the worker when the worker does not carry out community sector work.
Section 3.5A
3.5A Service period—community sector industry
community sector industry is a continuous period—
Section 3.6
3.6 Long service leave formula—community sector industry
The following is the long service leave formula for the community
sector industry:
3.7 Amount of leave—community sector industry
(1) A registered worker for the community sector industry who has
5 years or more of recognised service is entitled to the number of days
of workers long service leave worked out in accordance with the long
service leave formula for the community sector industry.
(2) A registered worker for the community sector industry is entitled to
long service leave for additional days of service worked out in
accordance with the long service leave formula if the worker—
(a) becomes entitled to long service leave under this Act; and
3.8 Grant of leave by employers—community sector industry
(1) The employer of a registered employee for the community sector
industry commits an offence if—
Section 3.8
(3) The employer of a registered employee for the community sector
industry commits an offence if—
(i) 2 months before the day when the long service leave starts;
or
employee for the community sector industry of an employer,
means—
Section 3.9
3.9 Entitlement to payment instead of leave—community
(1) This section applies to a registered worker for the community sector
industry if the worker has 5 years recognised service and—
(a) all of the following apply:
(i) the worker has permanently left the industry;
(ii) 20 weeks have passed since the day the worker
permanently left the industry;
(iii) the worker has not been credited with service in the
workers register for any of the days in the 20-week period;
or
(b) any of the following apply:
(i) the worker has left the industry because of total incapacity;
(ii) the worker has reached the prescribed retiring age;
(iii) the worker has died.
(2) If the governing board is satisfied that this section applies to the
for the number of weeks long service leave worked out in accordance
with the long service leave formula.
Section 3.10
3.10 Payments for leave—community sector industry
(1) A registered employee for the community sector industry who has
been granted long service leave under section 3.8, or a registered
voluntary member who for the industry is entitled to long service
leave, may apply to the authority for payment for the leave.
section 3.12 (How are leave payments worked out for the community
sector industry?) if the registrar is satisfied that—
work done in the community sector industry; and
3.11 Payments instead of leave—community sector industry
(1) If a registered worker for the community sector industry is entitled to
payment instead of long service leave under this Act, the worker may
apply to the authority for the payment.
(2) An application by a registered employee for the community sector
industry on the ground that the employee has ceased work in the
community sector industry because of total incapacity must be
accompanied by a certificate of a doctor certifying that the employee
is totally incapacitated for employment in the industry.
Section 3.12
must pay to the applicant the amount payable under section 3.12.
3.12 How are leave payments worked out for the community
sector industry?
(1) For section 3.10 (Payments for leave—community sector industry)
and section 3.11 (Payments instead of leave—community sector
industry), the amount payable to a registered worker for, or instead
of, long service leave is—
section 3.13; and
section 3.14.
Section 3.13
Alex has 5 years of service in the community sector industry giving Alex an
entitlement to 4.335 weeks long service leave. Alex first worked in the industry as
a registered employee and accrued 2 weeks of the entitlement in that capacity. Alex
then worked as a registered voluntary member and accrued 2.335 weeks of the
Alex decides to take 4.335 weeks long service leave. The payment for the leave is
the total of the following amounts:
• the amount calculated under s 3.13 where ‘D’ is 842 (ie it took 842 days of
service as a registered employee to accrue the first 2 weeks of long service
leave entitlement);
• the amount calculated under s 3.14, which is the total of the amounts paid to
the authority under s 56 for 983 days (2.69 years) of service as a registered
voluntary member (ie it took 983 days of service as a registered voluntary
member to accrue the next 2.335 weeks of long service leave entitlement) and
the interest under s 3.14 on those amounts.
3.13 Leave payments for service as registered employee—
(1) For section 3.12, the amount payable to a registered worker for long
community sector industry is the amount worked out as follows:
Section 3.13
Harry has worked in the community sector industry for 5 years. The periods in
par (b) (i), (ii) and (iii) apply to Harry because he has completed more than
20 quarters (or 5 years) relevant service.
Harry’s average weekly income for the 2 quarters before the designated day is $283.
His weekly averages for the 4 and 20 quarters before the designated day are $427
and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of the
weekly averages.
Section 3.14
3.14 Leave payments for service as registered voluntary
member—community sector industry
(1) For section 3.12 (How are leave payments worked out for the
community sector industry?), the amount payable to a registered
worker for the community sector industry for long service leave for
service accrued as a registered voluntary member is the total of the
following for the service:
(a) if the community sector industry scheme funds invested made a
return—75% of the rate of the return for the financial year in
which the determination is made; or
Section 3.15
3.15 Payments by authority on reciprocal authority’s behalf—
(1) This section applies to a registered worker for the community sector
industry who has a long service leave entitlement under this Act and
a corresponding law.
law.
3.16 Payments by reciprocal authority on authority’s behalf—
for work done in the community sector industry.
employee in the workers register and to which the payment relates.
Section 3.18
amount payable to the worker for the service credited to the worker
in the State.
3.18 Records of payments and service—community sector
(a) pays an amount to a registered worker for the community sector
industry under section 3.10 (Payments for leave—community
sector industry) or section 3.11 (Payments instead of leave—
community sector industry); or
(b) reimburses a reciprocal authority under section 3.16 (Payments
by reciprocal authority on authority’s behalf—community
sector industry) for an amount paid to a registered worker.
relating to the service period for which the worker has been paid.
(a) the period of the service; and
3.19 Public holidays etc not to count as leave—community
(1) This section applies if a public holiday or industry holiday falls during
a period of long service leave taken by a registered worker for the
community industry.
holiday and industry holiday.
Section 3.19
industry holiday means a day that is a holiday for people employed
in the community sector industry under a fair work instrument made
under the Fair Work Act 2009 (Cwlth).
Section 4.1
Schedule 4 Long service leave payments—
4.1 What is the security industry?
(1) The security industry is—
(a) in relation to the ACT—the industry in which security activities
are undertaken by people licensed to undertake the activities
under the Security Industry Act 2003; and
(2) In this section—
security activity means an activity within the meaning of the Security
Industry Act 2003, section 7 (1) (a) to (h).
Note Stated people, including a custodial officer and a police officer, are
exempt from the application of the Security Industry Act 2003 (see that
Act, s 9 and Security Industry Regulation 2003, s 6 (1)). Those stated
people are not undertaking a security activity for the purposes of this Act.
4.2 What is security work?
security work means work carried out in the security industry.
Note The Minister may declare work or an activity to be work in the security
industry (see s 12 (2) (d)) or to not be work in the security industry
(see s 13 (2) (d)).
Section 4.3
4.3 Recognised service—security industry
recognised service, for a registered worker in the security industry,
means the total number of days of service credit for all of the service
periods of the worker less any days of service credit that the worker—
(2) A registered worker for the security industry is taken to have
completed a year of recognised service for each 365 days of
4.4 Court or tribunal—not employer
A court or tribunal is not an employer for the security industry.
Note A covered industry schedule may prescribe an entity not to be an
employer for the covered industry—see s 7 (3) (e).
4.5 Service credit—security industry—s 64
(1) A registered worker for the security industry is to be credited in the
workers register with 1 day of service for each day (including a day
when the worker does not carry out security work) in each service
period of the worker on or after the worker’s registration day.
period for the worker when the worker does not carry out security work.
Section 4.5A
4.5A Service period—security industry
security industry is a continuous period—
Section 4.6
4.6 Long service leave formula—security industry
The following is the long service leave formula for the security
W means the number of weeks long service leave held by the worker.
4.7 Amount of leave—security industry
(1) A registered worker for the security industry who has 7 years or more
recognised service is entitled to the number of days of workers long
formula for the security industry.
(2) A registered worker for the security industry is entitled to additional
long service leave worked out in accordance with the long service
leave formula for the security industry if the worker—
(a) becomes entitled to long service leave under this Act for work
done in the industry; and
Section 4.8
4.8 Grant of leave by employers—security industry
(1) The employer of a registered employee for the security industry
(3) The employer of a registered employee for the security industry
(i) not later than 2 months after the day when the long service
leave starts; or
employee for the security industry of an employer, means—
Section 4.9
employee, a period longer than 6 months—the period allowed
by the board; or
4.9 Entitlement to payment instead of leave—security
(1) This section applies to a registered worker for the security industry if
the worker has 5 years recognised service and—
(a) all of the following apply:
(i) the worker has permanently left the industry;
(ii) 20 weeks have passed since the day the worker
permanently left the industry;
(iii) the worker has not been credited with service in the
workers register for any of the days in the 20-week period;
or
(b) any of the following apply:
(i) the worker has left the industry because of total incapacity;
(ii) the worker has reached the prescribed retiring age;
(iii) the worker has died.
(2) If the governing board is satisfied that this section applies to the
for the amount of long service leave worked out in accordance with
the long service leave formula.
Section 4.10
prescribed retiring age—
4.10 Payments for leave—security industry
(1) A registered employee for the security industry who has been granted
long service leave under section 4.8, or a registered voluntary
member for the industry who is entitled to long service leave, may
apply to the authority for payment for the leave.
section 4.12 (How are leave payments worked out for the security
industry?) if the registrar is satisfied that—
work done in the security industry; and
Section 4.11
4.11 Payment instead of leave—security industry
(1) If a registered worker for the security industry is entitled to payment
instead of long service leave under this Act, the worker may apply to
the authority for the payment.
(2) An application by a registered employee for the security industry on
the ground that the employee has ceased work in the security industry
because of total incapacity must be accompanied by a certificate of a
doctor certifying that the employee is totally incapacitated for
employment in the industry.
subsection (2) to a medical examination by a doctor chosen by the
board for that purpose from a panel of 3 doctors nominated by the
Australian Capital Territory Branch of the Australian Medical
Association.
(5) If an applicant fails, without reasonable excuse to comply with a
must pay to the applicant the amount payable under section 4.12.
4.12 How are leave payments worked out for the security
(1) For section 4.10 and section 4.11, the amount payable to a registered
worker for, or instead of, long service leave is—
section 4.13; and
Section 4.12
section 4.14.
Sam has 7 years of service in the security industry giving Sam an entitlement to
6.0669 weeks long service leave. Sam first worked in the industry as a registered
employee and accrued 4.3335 weeks of the entitlement in that capacity. Sam then
worked as a registered voluntary member and accrued 1.7334 weeks of the
Sam decides to take 6.0669 weeks long service leave. The payment for the leave is
the total of the following amounts:
• the amount calculated under s 4.13 where ‘D’ is 1825 (ie it took 1825 days of
service as a registered employee to accrue the first 4.3335 weeks of long
service leave entitlement);
• the amount calculated under s 4.14, which is the total of the amounts paid to
the authority under s 56 for 730 days (2 years) of service as a registered
voluntary member (ie it took 730 days of service as a registered voluntary
member to accrue the next 1.7334 weeks of long service leave entitlement)
and the interest under s 4.14 on those amounts.
Section 4.13
4.13 Leave payments for service as registered employee—
For section 4.12, the amount payable to a registered worker for long
security industry is the amount worked out as follows:
Section 4.14
Danijela has worked in the security industry for 5 years. The periods in par (b) (i),
(ii) and (iii) apply to Danijela because she has completed more than 20 quarters (or
5 years) relevant service.
Danijela’s average weekly income for the 2 quarters before the designated day is
$283. Her weekly averages for the 4 and 20 quarters before the designated day are
$427 and $375, respectively. Accordingly, ‘R’ is $427 because it is the highest of
the weekly averages.
4.14 Leave payments for service as registered voluntary
member—security industry
(1) For section 4.12 (How are leave payments worked out for the security
industry?), the amount payable to a registered worker for the security
industry for long service leave for service accrued as a registered
voluntary member is the total of the following for the service:
(a) if the security industry scheme funds invested made a return—
75% of the rate of the return for the financial year in which the
determination is made; or
Section 4.15
4.15 Payments by authority on reciprocal authority’s behalf—
(1) This section applies to a registered worker for the security industry
who has a long service leave entitlement under this Act and a
corresponding law.
law.
4.16 Payments by reciprocal authority on authority’s behalf—
for work done in the security industry.
Section 4.18
D means the number of days of service credited to the person in the
workers register for service as an employee and to which the payment
relates.
amount payable to the person for the service credited to the person in
the State.
4.18 Records of payments and service—security industry
(a) pays an amount to a registered worker for the security industry
under section 4.10 (Payments for leave—security industry) or
section 4.11 (Payment instead of leave—security industry); or
(b) reimburses a reciprocal authority under section 4.16 (Payments
by reciprocal authority on authority’s behalf—security industry)
for an amount paid to a registered worker for the industry.
relating to the period of service for which the worker has been paid.
(a) the period of service; and
Section 4.19
4.19 Public holidays not to count as leave—security industry
service leave taken by a registered employee for the security industry.
(see s 80, def reviewable decision)
item
1 31 (1) (b) refuse to allow
for application
for registration
by employer
2 32 (2) refuse to
register person
as employer
person registrar
3 37 (4) (b) confirm
registrar’s
decision to refuse
to register
applicant as
4 45 (3) (a) confirm
registrar’s
decision to refuse
to register
applicant as
worker
person governing
5 47 refuse to credit
employee with
prior service
employee governing
6 47 amount of prior
service credited
employee governing
Reviewable decisions Schedule 5
item
7 48 refuse to credit
member with
prior service
8 48 amount of prior
service credited
9 49 (2) (b) (ii) refuse to allow
10 49A (1) (b) refuse to allow
11 49A (3) refuse to waive
all or part of late
fee payable by
12 52 (3) refuse to waive
all or part of
interest payable
by employer
13 54 (1) (b) refuse to allow
registered
registered
registrar
item
14 60 (4) (b) fix another
amount as the
total ordinary
remuneration of
worker for
quarter
• worker
• if the worker
is an
employee—
the worker’s
15 63 (2) (b) refuse to allow
for person to pay
amount
person registrar
16 66 (1) (b) refuse to direct
registrar to re-
register person
person governing
17 69 (4) allow, or refuse
to allow,
objection to
matter in
certificate given
to worker under
s 67
• worker
• if the worker
is an
employee—
the worker’s
18 69 (4) allow, or refuse
to allow,
objection to
matter in
certificate given
to employer
under s 68
• employer
• employee to
whom
objection
relates
19 89 (2) (b) not satisfied
that amount
paid by
employer was
properly paid
Reviewable decisions Schedule 5
item
20 89A (2) refuse
reimbursement
of direct
payment of long
service leave
21 sch 1, 1.7 (5)
(b), sch 2,
2.7 (5) (b),
sch 3, 3.8 (5)
(b) or sch 4, 4.8
(5)
refuse to allow
additional period
22 sch 1, 1.8 (3),
sch 2, 2.8 (3),
sch 3, 3.9 (2),
or sch 4, 4.9 (2)
section applies to
applicant
23 sch 1, 1.9 (2),
sch 2, 2.9 (2),
sch 3, 3.10 (2)
or sch 4,
4.10 (2) (a)
applicant entitled
to long service
leave
24 sch 1, 1.10 (6),
sch 2, 2.10 (6),
sch 3, 3.11 (6)
or sch 4,
4.11 (6)
applicant entitled
to payment
instead of long
service leave
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• administrative unit
• contravene
• director-general (see s 163)
• disallowable instrument (see s 9)
• document
• Executive
• exercise
• function
• head of service
• in relation to
• public holiday
• public servant
• reviewable decision notice
• State
• territory authority
• territory law
• the Territory.
accommodation and food services industry—see schedule 2,
section 2.1 (1) (a) (iii).
apprentice means an apprentice other than a school-based apprentice.
at premises, for part 8 (Enforcement)—see section 70.
authority means the Long Service Leave Authority established under
section 79A.
building and construction industry—see schedule 1, section 1.1.
building and construction work—see schedule 1, section 1.2.
community sector industry—see schedule 3, section 3.1.
community sector work—see schedule 3, section 3.2.
corresponding law means a law of the Commonwealth or a State
about long service leave.
covered industry—see section 6.
covered industry schedule means—
(a) for the building and construction industry—schedule 1; and
(b) for the services industry—schedule 2; and
(c) for the community sector industry—schedule 3; and
(d) for the security industry—schedule 4.
day—see section 14.
decision-maker, for a reviewable decision, for part 9 (Notification
and review of decisions)—see section 80.
employee—see section 9.
employer—see section 7.
employers register—see section 30.
governing board means the governing board of the authority
established under section 79E.
hairdressing and beauty services industry—see schedule 2,
section 2.1 (1) (a) (ii).
internally reviewable decision, for part 9 (Notification and review of
decisions)—see section 80A (1).
long service leave formula—
(a) for the building and construction industry—see schedule 1,
section 1.5; and
(b) for the services industry—see schedule 2, section 2.5; and
(c) for the community sector industry—see schedule 3, section 3.6;
and
(d) for the security industry—see schedule 4, section 4.6.
occupier, for part 8 (Enforcement)—see section 70.
ordinary remuneration—
(a) means salary or wages, and allowances, paid or payable to a
worker for work; and
(b) includes worker’s compensation payments made to a worker by
the worker’s employer; but
(c) does not include—
(i) amounts paid to the worker for—
(A) working overtime; or
(B) reimbursement for expenses incurred by the worker;
or
(C) the use of materials, equipment or a motor vehicle
provided by the worker; or
(ii) allowances paid to the worker for travel, meals, or
protective clothing; or
(iii) amounts paid to the worker on termination of employment
including—
(A) payment in lieu of notice; and
(B) lump sum payment for accrued leave; and
(C) redundancy; or
(iv) superannuation contributions made by the worker’s
premises includes any land, structure or vehicle and any part of an
area of land, a structure or vehicle.
quarter—see section 48A.
reciprocal agreement—see section 90.
reciprocal authority means the entity under a corresponding law that
administers the scheme of long service benefits established by the
law.
reciprocating State means a State in relation to which a reciprocal
agreement is in force.
recognised service, for a registered worker—
(a) in the building and construction industry—see schedule 1,
section 1.3 (1); and
(b) in the services industry—see schedule 2, section 2.3 (1); and
(c) in the community sector industry—see schedule 3,
section 3.3 (1); and
(d) in the security industry—see schedule 4, section 4.3 (1).
registered employee means an employee who is a registered worker.
registered employer means a person who is registered under
section 34.
registered voluntary member means a voluntary member who is a
registered worker means an individual who is registered under
section 46.
registrar means the chief executive officer of the authority within the
meaning of the Financial Management Act 1996, dictionary,
definition of chief executive officer.
registration day, in relation to a worker—see section 15.
reviewable decision, for part 9 (Notification and review of
decisions)—see section 80.
school-based apprentice means an apprentice to whom a
school-based training arrangement, undertaken as part of a course of
secondary education, applies.
security industry—see schedule 4, section 4.1.
security work—see schedule 4, section 4.2.
service, for a registered worker for a covered industry, means service
in the covered industry.
service period, for a registered worker—
(a) in the building and construction industry—see schedule 1,
section 1.4A (1); and
(b) in the services industry—see schedule 2, section 2.4A (1); and
(c) in the community sector industry—see schedule 3, section 3.5A
(1); and
(d) in the security industry—see schedule 4, section 4.5A (1).
services industry—see schedule 2, section 2.1.
services work—see schedule 2, section 2.2.
staff of the authority, for part 8A (Administration)—see section 79J.
voluntary member—see section 10.
work, in a covered industry—see section 11.
worker—see section 8.
workers register—see section 39.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.