Long Service Leave Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

LONG SERVICE LEAVE.

No. 97 of 1973.

AN ACT to amend the Long Service Leave Act,

1958-1964.

[Assented to 27th December, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Long Service and citation.

Leave Act Amendment Act, 1973.

Reprinted as

(2) In this Act the Long Service Leave Act, 1958- approved for reprint 30th

1964, is referred to as the principal Act.

January,

1963.

Amended by

Act No. 37

(3) The principal Act as amended by this Act of 1964.

may be cited as the Long Service Leave Act, 1958-

No. 97.] Long Service Leave. [1973.

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

Section 4

Section 4 of the principal Act is amended by deleting the interpretations "Commission" and "Commission in Court Session" and substituting the following interpretations

amended. 3.

"Commission" has the same meaning as it has in and for the purposes of the Industrial Arbitration Act, 1912;

"Commission in Court Session" has the same

meaning as it has in and for the purposes

of the Industrial Arbitration Act, 1912; .

Section 5 4. Section 5 of the principal Act is repealed and

repead le d an

re-enacted. the section is re-enacted as follows-

Exemptions.	5. (1) The Board of Reference may exempt an employer from the operation of this Act in respect of his employees if it is satisfied that there is an existing or proposed scheme, conferring benefits in the nature of long service leave which in its opinion are or will be, viewed as a whole, not less favourable to the whole of the employees of that employer than the benefits prescribed by this Act.
(2) In order to ensure that the benefits under a scheme in relation to which an employer is granted an exemption under subsection (1) of this section remain not less favourable to the whole of the employees of that employer than the benefits prescribed by this Act, the Board of Reference may

(a) grant the exemption subject to such conditions as it determines are fit to impose; and

1973.] Long Service Leave. [No. 97.

(b) from time to time, add to, vary or re- voke any such conditions imposed by it.

(3) An application for an exemption under subsection (1) of this section may be made by an employer. .

/Section 6

5. Section 6 of the principal Act is amended amended.

by deleting paragraph (a) of subsection (1) and

substituting the following paragraph

(a) any period of absence from duty for-

(i) annual leave;

(ii)   long service leave; or

(iii)    public holidays or half-holidays, or, where applicable to the employment, bank holidays; .

6. The principal Act is amended by adding after

section 8 a new section as follows

8A. Notwithstanding any other provision in Variation of

this Act in the event of an agreement between =71?:J t

the Western Australian Employers' Federation roltilegnen	serv ice leave.
(Incorporated) and the Trades and Labor Council of Western Australia or a determinationCouncil of the Commission in Court Session varying from time to time any of the provisions for qualifications or entitlement to long service leave as contained in volume fifty-two of the
Western Australian Industrial Gazette at pages
sixteen to twenty-one, both inclusive, for the majority of awards which those provisions have been incorporated in and form part of, the qualifications and entitlement of employees to long service leave shall forthwith thereafter be varied accordingly. .

No. 97.] Long Service Leave. [1973.

Section 18

repealed and 7. Section 18 of the principal Act is repealed

re-enacted.	and the section is re-enacted as follows-
Appeal

against	18. Any party to a question or dispute on mination under this Act may appeal against the determination to the Commission in Court Session. .
determin-
ation made	which the Board of Reference has made a deter-
Reference.
by Board of
Section 19

repealed and 8. Section 19 of the principal Act is repealed

re-enacted. and the section is re-enacted as follows

How appeals 19.

An appeal under section eighteen of this scribed, and be heard and determined in the manner prescribed, under the Industrial Arbi- tration Act, 1912 for appeals referred to in section eighty-nine of that Act, with such modifications as are necessary. .

are to be

made, heard

and deter-	Act shall be made in the time and manner pre-
mined.