LONG SERVICE LEAVE (MISCELLANEOUS) AMENDMENT ACT 1997

Similar documents
ELIZABETHAE 11 REGINAE

FRIENDLY SOCIETIES (MISCELLANEOUS) AMENDMENT ACT 1992

WILLS (MISCELLANEOUS) AMENDMENT ACT 1994

VALUATION OF LAND (MISCELLANEOUS) AMENDMENT ACT 1998

Australian Workplace Safety Standards Act 2005

CRIMINAL LAW CONSOLIDATION (APPEALS) AMENDMENT ACT

SlJMl\tIARY OFFENCES (OFFENSIVE AND OTHER WEAPONS) AMENDMENT ACT 1998

South Australia CRIMINAL LAW CONSOLIDATION (SERIOUS CRIMINAL TRESPASS) AMENDMENT ACT 1999

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (plant) AMENDMENT ACT 1993

South Australia PASTORAL LAND MANAGE:MENT AND CONSERVATION (BOARD PROCEDURES, RENT, ETC.) AMEND:MENT ACT 1998

Transport Security Amendment (Serious or Organised Crime) Bill 2016 No., 2016

Supplement No. 2 published with Extraordinary Gazette No. 93 dated 6 th December 2018.

RETIREMENT VILLAGES (MISCELLANEOUS) AMENDMENT ACT No. 59 of 2001

Disability Discrimination and Other Human Rights Legislation Amendment Act 2009

TRANSFERRED OFFICERS EXTENDED LEAVE ACT. Act No. 13,1961.

Industrial Relations (Child Employment) Act 2006 No 96

STATUTES AMENDMENT (CRIMES CONFISCATION AND RESTITUTION) ACf No. 75 of 1991 SUMMARY OF PROVISIONS PART I PRELIMINAR Y

Australian Citizenship Amendment (Citizenship Testing) Act 2007

Child Protection (Offenders Prohibition Orders) Act 2004 No 46

Government Gazette REPUBLIC OF SOUTH AFRICA

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES FAIR WORK (JOB SECURITY AND FAIRER BARGAINING) AMENDMENT BILL 2012

ELIZABETHAE 11 REGINAE

THE CONSTITUTION (AMENDMENT) ACT, 2007

Industrial Relations (Commonwealth Powers) Act 2009 No 115

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

LONG SERVICE LEAVE ACT.

INDUSTRIAL ARBITRATION (BASIC WAGE) AMENDMENT ACT. Act No. 34, 1955.

RETIREMENT VILLAGES (MISCELLANEOUS) AMENDMENT ACT 1994

Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 No 13

Census and Statistics Act 1905

THE CONSTITUTION (AMENDMENT) BILL, 2007

Australian Citizenship Amendment (Special Residence Requirements) Act 2013

STATE TENDER BOARD ACT 86 OF 1968

AMBULANCE SERVICES ACT, 1985

Local Government Amendment (Employment Protection) Act 2003 No 30

An Act to amend the law relating to terrorist acts, and for other purposes

PUBLIC FINANCE AND AUDIT (AMENDMENT) ACT 1992 No. 23

Court Suppression and Non-publication Orders Act 2010 No 106

National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104

Strata Schemes Management Amendment Act 2004 No 9

ACTS AMENDMENT (PERTH MARKET AUTHORI ) ACT

URANIUM MINING AND NUCLEAR FACILITIES (PROHIBITIONS) ACT 1986 No. 194

COMMUNITY SERVICE ORDERS (FINE DEFAULT) AMENDMENT ACT 1987 No. 264

2017 Bill 205. Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 205

EXPOSURE DRAFT CUSTOMS AMENDMENT (CHINA-AUSTRALIA FREE TRADE AGREEMENT IMPLEMENTATION) BILL 2015 AMENDMENTS EXPLANATORY NOTE

Government Gazette REPUBLIC OF SOUTH AFRICA

HOUSE OF REPRESENTATIVES BILL

STATUTES AMENDMENT (DRINK DRIVING) ACT 1995

EXPOSURE DRAFT. Australian Multicultural Bill 2017 No., 2017

Queensland FREEDOM OF INFORMATION ACT 1992

Insolvency Law Reform Bill 2015 No., 2015

Children and Young Persons (Care and Protection) Amendment Act 2009 No 22

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006

2016 Bill 33. Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 33

Supplement No. 6 published with Extraordinary Gazette No. 4 dated 10 th January, THE COMPANIES (AMENDMENT) LAW, 2012 (LAW 6 OF 2012)

1994 Shop Trading Hours Amendment No. 76

Sale of Land (Deposits Amendment) Act 1980

STOCK (BRANDS AND MOVEMENT).

South Australia SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996

Liquor Amendment (Small Bars) Act 2013 No 5

Occupational Health and Safety Amendment Bill 2011

ROAD TRANSPORT (LONG DISTANCE OPERATIONS) AWARD 2010

Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 M O N T S E R R A T

Authorised Version. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017

South Australia BOXING AND MARTIAL ARTS ACT No. 36 of 2000

2014 Bill 3. Third Session, 28th Legislature, 63 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 3

Australian Human Rights Commission Amendment (National Children s Commissioner) Act 2012

Carers Recognition Act 2004

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

PRIVATE PARKING AREAS ACf, 1986

PROCLAMATION ARRANGEMENT OF SECTIONS

PARLIAMENT OF VICTORIA. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017

METROPOLITAN (PERTH) PASSENGER TRANSPORT TRUST.

WESTERN AUSTRALIAN TREASURY CORPORATION ACT

Administration and Probate (Amendment) Act 1994

FAUNA PROTECTION (AMENDMENT) ACT.

Maternity Leave (Commonwealth Employees) Act 1973

Franchising (South Australia) Bill 2009

Workplace Relations Legislation Amendment (Independent Contractors) Act 2006

Road Transport (Driver Licensing) Act 1998 No 99

Corporations Amendment Bill (No.2) 2005 No., 2005

Housing and Planning Bill

Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016 No., 2016

BERMUDA INVESTMENT FUNDS AMENDMENT ACT : 28

THE WEST AUSTRALIAN TRUSTEE, EXECUTOR AND AGENCY COMPANY LIMITED. 15 and 16 Geo. VI.

HIRE-PURCHASE AGREEMENTS (AMENDMENT) ACT.

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996

Reserve Bank Act 1959

Working with Children Amendment Act 2010

WESTERN AUSTRALIA. No. 67 of AN ACT to amend the Fauna Conservation Act, [Assented to 7th November, 1975.]

Criminal Law (High Risk Offenders) Act 2015

BANK OF SOUTH AUSTRALIA (MERGER WITH ADVANCE BANK) ACT 1996

South Australia BUILDING WORK CONTRACTORS ACT No. 87 of 1995 SUMMARY OF PROVISIONS. PARTl PRELIMINARY

CRIMINAL LAW CONSOLIDATION (MENTAL IMPAIRMENT) AMENDMENT ACT 1995

2017 Bill 12. Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 12

BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL, [Words in bold type indicate omissions from existing enactments]

Legal Profession Amendment Regulation 2007

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 5 Cape Town 26 September 2013 No THE PRESIDENCY

Workplace Surveillance Act 2005

FILM AND VIDEO CLASSIFICATION c CHAPTER 20. An Act to amend The Film and Video Classification Act

Transcription:

South Australia LONG SERVICE LEAVE (MISCELLANEOUS) AMENDMENT ACT 1997 No. SO of 1997 SUMMARY OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of s. 3-Interpretation 4. Amendment of s. S-Long service leave entitlement S. Amendment of s. 6-Continuity of service 6. Amendment of s. 7-Takina of leave 7. Amendment of s. 8-Payment in respect of long service leave 8. Amendment of s. 9-Exemptions 9. Amendment of s. IO-Records 10. Amendment of s. 12-Inspector may direct employer to arant leave or pay amount due 11. Amendment of s. 13-Failure to grant leave 12. Amendment of s. 16-Act not to apply to certain workers

AN NO QUADRAGESIMO SEXTO ELIZABETHAE 11 REGINAE A.D.I997 ************************************************************************* No. 50 of 1997 An Act to amend the Long Service Leave Act 1987. The Parliament of South Australia enacts as follows: [Assented to 31 July 1997] Short title 1. (1) This Act may be cited as the. (2) The Long Service Leave Act 1987 is referred to in this Act as "the principal Act". Commencement 2. This Act will come into operation on a day to be fixed by proclamation. Amendment of s. 3-Interpretation 3. Section 3 of the principal Act is amended- by striking out the definition of "agreement" in subsection (1) and substituting the following definition: "agreement" means- an enterprise agreement; or a certified agreement, enterprise flexibility agreement or Australian workplace agreement within the meaning of the Workplo.ce Relations Act 1996 of the Commonwealth, as in force from time to time;; by inserting in paragraph of the definition of "award" in subsection (1) "Relations" after "Industrial"; (c) by striking out the definitions of "the Industrial Commission" and "the Industrial Court" in subsection.(1) and substituting the following definitions:

No. 50 of 1997 "enterprise agreement" means an enterprise agreement within the meaning of the Industrial and Employee Relations Act 1994; "individual agreement", in relation to an employer and a worker, means an agreement (other than an enterprise agreement) individually negotiated between the employer and the worker; "the Industrial Relations Commission" means the Industrial Relations Commission of South Australia; "the Industrial Relations Court" means the Industrial Relations Court of South Australia; (d) by striking out from the definition of "inspector" in subsection (1) "appointed under the Industrial Relations Act (SA.) 1972" and substituting "under the Industrial and Employee Relations Act 1994"; (e) by striking out from paragraph of the definition of "registered association" in subsection (1) "Part IX of the Industrial Relations Act (SA.) 1972" and substituting "the Industrial and Employee Relations Act 1994"; (f) by striking out from paragraph of the definition of "registered association" in subsection (1) "Industrial Relations Act 1988 of the Commonwealth" and substituting "Workplace Relations Act 1996 of the Commonwealth, as in force from time to time". Amendment of s. 5-Long service leave entitlement 4. Section 5 of the principal Act is amended by inserting after subsection (1) the following subsection: (la) A worker who is entitled to long service leave under subsection (1) becomes entitled to a payment in lieu of the long service leave or a part of the long service leave if an individual agreement to that effect is made and recorded in writing and signed by the employer and the worker after the entitlement to the leave accrues to the worker. Amendment of s. 6-Continuity of service 5. Section 6 of the principal Act is amended by inserting in subsection (1) "Relations" after "Industrial" (twice occurring). Amendment of s. 7-Taking of leave 6. Section 7 of the principal Act is amended. by striking out subsections (4) and (5) and substituting the following subsection: (4) Despite the preceding provisions of this section, an employer and a worker may agree on- (c) (d) the deferral of long service leave; the taking of long service leave in separate periods; the granting and taking of long service leave on less than 60 days notice; the taking of long service leave in anticipation of the entitlement to the leave accruing to the worker.

No. SO of 1997 Amendment of s. 8-Payment in respect of long service leave 7. Section 8 of the principal Act is amended by inserting after subsection (3) the following subsection: (3a) A payment in lieu of long service leave made under this Act by agreement with a worker- will be calculated at the worker's ordinary weekly rate of pay applicable immediately before the payment is made (but not so as to include any amount representing the value of accommodation provided to the worker); and must, if a variation in the worker's rate of pay occurs during the period from the date of the payment of a duration equal to the period of leave in lieu of which the payment is made, be followed by a further payment to the worker that reflects the variation in the rate of pay. Amendment of s. 9-ExemptioDS 8. Section 9 of the principal Act is amended- by inserting in subsection (1) "Relations" after "Industrial"; by inserting in subsection (6) "Relations" after "Industrial". Amendment of s. 10-Records 9. Section 10 of the principal Act is amended- by inserting after paragraph of subsection (1) the following paragraph: (ba) any payment made to the worker by agreement in lieu of long service leave; by inserting after subsection (2) the following subsection: (2a) An employer who agrees to make a payment to a worker in lieu of long service leave must- (c) Penalty: cause the agreement to be recorded in writing and signed by the employer and the worker; and give a copy of the signed written record of the agreement to the worker; and keep the signed written record of the agreement for the period referred to in subsection (2)(c). $1000; (c) by striking out from subsection (4) "subsection (1)" and substituting "this section"; (d) by inserting after subsection (6) the following subsection: 569

No. 50 of 1997 (7) When a payment is made to a worker by agreement in lieu of long service leave, the employer must give to the worker a statement in the prescribed form setting out the period of leave in lieu of which the payment is made and the number of days (if any) that will remain due to the worker after the payment is made. Penalty: $200. Amendment of s. 12-lDspector may direct employer to grant leave or pay amount due 10. Section 12 of the principal Act is amended- by inserting in subsection (2) "Relations" after "Industrial"; by inserting in subsection (5) "Relations" after "Industrial"; (c) by inserting in subsection (6) "Relations" after "Industrial". Amendment of s. 13-Failure to grant leave 11. Section l3 of the principal Act is amended- by inserting in subsection (1) "Relations" after "Industrial"; by striking out subsection (5) and substituting the following subsection: (5) The Industrial and Employee Relations Act 1994 applies in relation to an application under this section in the same way as to any monetary claim to the Industrial Relations Court under that Act. Amendment of s. 16-Act Dot to apply to certain workers 12. Section 16 of the principal Act is amended by striking out paragraph and substituting the following paragraph: under an award or agreement under the Workplace Relations Act 1996 of the Commonwealth, as in force from time to time. In the name and on behalf of Her Majesty, I hereby assent to this Bill. E. J. NEAL Governor 570