Sch 3Related amendments and transitional provisions

Schedule 3—Related amendments and transitional provisions Part 1—Amendment of Construction Industry Long Service Leave Act 1987 1—Amendment of section 4—Interpretation (1) Section 4(1)—after the definition of building work insert: CEO means the chief executive officer of the Board engaged or appointed under section 13; (2) Section 4(1)—before the definition of the relevant date insert: public sector agency means— (a) an administrative unit under the Public Sector Act 2009 (including the Chief Executive of such an administrative unit); or (b) an agency or instrumentality of the Crown; 2—Insertion of heading After the heading to Part 2 insert: Division 1—Establishment and governance 3—Substitution of section 13 Section 13—delete the section and substitute: Division 2—Staff and facilities 13—Chief executive officer (1) There will be a chief executive officer of the Board. (2) The CEO will be engaged or appointed by the Board (on terms and conditions determined by the Board). (3) Subject to any decision, determination or policy of the Board, the CEO is responsible to the Board for— (a) managing the Board's business efficiently and effectively; and (b) supervising the staff engaged in the work of the Board. (4) Subsection (3) does not derogate from the operation of section 17 of the Portable Long Service Leave Act 2024. 13A—Staff (1) The staffing arrangements for the Board will be determined by the Board. (2) A staffing arrangement under subsection (1) may provide for 1 or both of the following: (a) the Board engaging staff as employees or contractors of the Board; (b) with the agreement of a public sector agency—the Board making use of the staff of the public sector agency. 13B—Facilities The Board may, by arrangement with a public sector agency, make use of the services or facilities of the public sector agency. Part 2—Transitional provisions 4—Interpretation In this Part— Board means the Community Services Sector Long Service Leave Board; designated day means a day declared by the Governor, by proclamation, as the designated day for the purposes of the provision in which the term is used. 5—Extension of term for registration as employer (1) This clause applies in relation to an employer in the community services sector on the designated day. (2) The employer must apply for registration under section 25(1) within 28 days after the designated day. 6—Current workers (1) This clause applies in relation to a person who is employed by an employer (the relevant employer) in the community services sector immediately before the designated day who, on the designated day, becomes a designated worker under this Act. (2) The following provisions will apply in relation to the person: (a) the person's continuity of service, as it applied to employment with the relevant employer immediately before the designated day, is preserved under this Act; (b) the period of service in respect of work undertaken by the person in the service of the relevant employer (but no other employer) calculated in accordance with the Long Service Leave Act 1987 up to the designated day will be credited as effective service for the purposes of this Act (on the basis that 1 month of service under the other Act is equivalent to 1 month of effective service under this Act). (3) Subclause (2) operates subject to the qualification that if the person changes employer after the designated day and before the person becomes entitled to long service leave, or a payment on account of long service leave, under this Act, then the person's service up to the designated day will no longer be taken into account. (4) This clause operates subject to any provision made in the regulations to take into account service for which a person has already taken long service leave or received a payment on account of long service leave. 7—Employers (1) This clause applies in relation to an employer in the community services sector immediately before the designated day. (2) The following provisions apply in respect of each employee (if any) of the employer who, on the designated day, becomes a designated worker and who, immediately before the designated day, has an entitlement to long service leave, or to a payment in respect of long service leave, accrued under the Long Service Leave Act 1987: (a) subject to the regulations, the employer is liable to pay to the Board an amount equal to the amount that would be payable by the employer if the employee's accrued entitlement under the Long Service Leave Act 1987 had been paid immediately before the designated day; (b) subject to the regulations, the amount will be payable by the employer when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day that relates to long service leave accrued under the Long Service Leave Act 1987 (and the amount may be paid in 2 or more instalments depending on the extent to which the long service leave or payment to the designated worker corresponds to the entitlement accrued under the Long Service Leave Act 1987 immediately before the designated day); (c) when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day that relates to long service leave accrued under the Long Service Leave Act 1987— (i) the amount paid (or payable) by the employer under this subclause will be applied (wholly or in part) towards the payment to be made to the designated worker on account of the long service leave or in respect of long service leave (with the intention that this will be applied to reflect the extent to which the payment corresponds to the entitlement accrued under the Long Service Leave Act 1987 immediately before the designated day); and (ii) the amount payable to the designated worker will be determined in accordance with the regulations to take into account— (A) the value of the amount paid or payable by the employer under this subclause; and (B) the extent to which the amount payable to the designated worker corresponds to the entitlement accrued under the Long Service Leave Act 1987 immediately before the designated day; and (C) any provision made by the regulations relating to the calculation of the designated worker's ordinary weekly pay (which may be a variation on what would otherwise apply under this Act); (d) the employer must provide to the Board such information as the Board may require to calculate any amount payable under this subclause; (e) if the Board makes a payment to the designated worker under this subclause before the employer makes a payment to the Board under this subclause, the liability of the employer to make a payment to the Board is not extinguished on account of the payment. (3) The following provisions apply in respect of each employee (if any) of the employer who, on the designated day, becomes a designated worker and who, immediately before the designated day, does not have an entitlement to long service leave, or to a payment in respect of long service leave, accrued under the Long Service Leave Act 1987: (a) if the designated worker becomes entitled to long service leave, or a payment in respect of long service leave, under this Act and the designated worker's effective service entitlement includes a period of service credited under clause 6, the employer is liable to pay to the Board an amount calculated under the regulations to reflect the extent to which the designated worker's period of service credited under clause 6 applies; (b) subject to the regulations, the amount will be payable by the employer when the designated worker takes long service leave, or receives a payment in respect of long service leave, on or after the designated day (and the amount may be paid in 2 or more instalments depending on the extent to which the long service leave or payment to the designated worker corresponds to the period of service credited under clause 6); (c) the amount payable to the designated worker on account of the long service leave or in respect of long service leave will be determined in accordance with the regulations to take into account— (i) the value of the amount paid or payable by the employer under this subclause; and (ii) the extent to which the designated worker's period of service credited under clause 6 applies; and (iii) any provision made by the regulations relating to the calculation of the designated worker's ordinary weekly pay (which may be a variation on what would otherwise apply under this Act); (d) the employer must provide to the Board such information as the Board may require to calculate any amount payable under this subclause; (e) if the Board makes a payment to the designated worker under this subclause before the employer makes a payment to the Board under this subclause, the liability of the employer to make a payment to the Board is not extinguished on account of the payment; (f) the regulations may provide that this subclause does not apply to an employer, or an employer of a prescribed class, in circumstances prescribed by the regulations. (4) For the purposes of this clause, a person who has completed at least 7 years of service under the Long Service Leave Act 1987 immediately before the designated day will be taken to have an accrued entitlement under that Act. (5) An entitlement or liability under this clause operates subject to the operation of clause 6(3). (6) This clause does not apply if an employer and an employee agree to the employer making a payment to the employee to extinguish a liability under the Long Service Leave Act 1987. (7) An agreement under subclause (6) must— (a) be entered into within 3 months after the designated day; and (b) be in writing and signed by the employer and the employee; and (c) be provided to the Board in accordance with the regulations. (8) The regulations may make additional provisions in connection with the operation of this clause, including to facilitate or give effect to other arrangements that relate to the interaction between this Act and the Long Service Leave Act 1987 (which arrangements may operate in place of any provision made by this clause). 8—Regulations (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing penalties on the person. Legislative history Notes • In this version provisions that are uncommenced appear in italics. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement Portable Long Service Leave Act 2024 3.10.2024 17.10.2024 (Gazette 17.10.2024 p3947) except ss 4, 5(1) to (6), 6, 7(1) to (5), 8, Pts 3, 4 & 7 to 9, Sch 2 & Sch 3 Pt 2—1.10.2025 (Gazette 17.7.2025 p2650) and except ss 5(7) & 7(6)—uncommenced