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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LONG SERVICE LEAVE AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 8 amended (Period of long service leave to which
employees, other than mining employees, are entitled)
5. Section 9 amended (Payment in lieu of long service leave on
death of employee)
6. Section 12 amended (How and when long service leave shall be
taken)
7. Section 27 inserted
27. 2011 transitional arrangements
8. Schedule 3 inserted
Schedule 3 - 2011 Transitional Arrangements
9. Repeal of Act
[Bill 54]-II
2
LONG SERVICE LEAVE AMENDMENT BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
25 October 2011
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to amend the Long Service Leave Act 1976
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Long Service Leave
Amendment Act 2011.
2. Commencement
This Act commences on 1 July 2012.
[Bill 54] 3
Long Service Leave Amendment Act 2011
Act No. of
s. 3
3. Principal Act
In this Act, the Long Service Leave Act 1976* is
referred to as the Principal Act.
4. Section 8 amended (Period of long service leave to
which employees, other than mining employees, are
entitled)
Section 8(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "15" first
occurring and substituting "10";
(b) by omitting from paragraph (a)(i) "13"
and substituting "8 2/3";
(c) by omitting from paragraph (a)(i) "15"
and substituting "10";
(d) by omitting from paragraph (a)(ii) "8
2/3" and substituting "4 1/3";
(e) by omitting from paragraph (a)(ii) "10"
and substituting "5";
(f) by omitting from paragraph (a)(iii) "13"
and substituting "8 2/3";
(g) by omitting from paragraph (a)(iii) "15"
and substituting "10";
(h) by omitting from paragraph (b) "15"
twice occurring and substituting "10";
*No. 95 of 1976
4
Long Service Leave Amendment Act 2011
Act No. of
s. 5
(i) by omitting from paragraph (b) "13" and
substituting "8 2/3".
5. Section 9 amended (Payment in lieu of long service
leave on death of employee)
Section 9(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "15" and
substituting "10";
(b) by omitting from paragraph (b) "15" and
substituting "10".
6. Section 12 amended (How and when long service
leave shall be taken)
Section 12(10)(a) of the Principal Act is
amended as follows:
(a) by omitting "13" and substituting "8
2/3";
(b) by omitting "8 2/3" and substituting "4
1/3".
7. Section 27 inserted
After section 26 of the Principal Act, the
following section is inserted:
5
Long Service Leave Amendment Act 2011
Act No. of
s. 8
27. 2011 transitional arrangements
Schedule 3 has effect.
8. Schedule 3 inserted
After Schedule 2 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 3 - 2011 TRANSITIONAL
ARRANGEMENTS
Section 27
1. Interpretation
(1) In this Schedule -
"employee" means an employee who
is not a mining employee;
"intermediate continuing
employee", of an employer,
means an employee who,
immediately before the 2011
transition day, had been in
continuous employment with the
employer for 9 or more years, but
less than 12 years;
"long-term continuing employee", of
an employer, means an employee
who, immediately before the
2011 transition day, had been in
continuous employment with the
employer for 12 or more years;
6
Long Service Leave Amendment Act 2011
Act No. of
s. 8
"new continuing employee", of an
employer, means an employee
who, immediately before the
2011 transition day, had been in
continuous employment with the
employer for less than 9 years;
"new long service leave
entitlements" means the long
service leave entitlements
available to and in respect of
employees under this Act as
amended by the Long Service
Leave Amendment Act 2011;
"old long service leave entitlements"
means the long service leave
entitlements available to and in
respect of employees under this
Act immediately before the 2011
transition day;
"2011 transition day" means the day
on which the Long Service Leave
Amendment Act 2011
commences;
"2011 transition period " means the
12-month period commencing on
the 2011 transition day.
(2) This Schedule prevails over section 8(2)
and section 9(2).
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Long Service Leave Amendment Act 2011
Act No. of
s. 8
2. Transitional arrangements
(1) In their application to a new continuing
employee or long-term continuing
employee of an employer, the new long
service entitlements take effect in all
respects on the 2011 transition day.
(2) In their application to an intermediate
continuing employee of an employer, the
new long service entitlements take effect
on the 2011 transition day, including the
entitlements under section 9(2), but the
intermediate continuing employee may
not actually take or be granted long
service leave under the new long service
leave entitlements before the 2011
transition period expires.
(3) However, nothing in subclause (2) is to
be taken as preventing an intermediate
continuing employee of an employer
from applying, during the 2011 transition
period, for long service leave under the
new long service leave entitlements if the
application is in respect of long service
leave that would be taken after the 2011
transition period expires.
(4) To avoid doubt, an employee who has
exhausted his or her old long service
leave entitlements in respect of any
period of continuous employment is not
entitled to any further long service leave
in respect of that period of continuous
8
Long Service Leave Amendment Act 2011
Act No. of
s. 9
employment (or any part of it) under the
new long service entitlements.
9. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 9