Long Service Leave Amendment Act 2011 (TAS)

Long Service Leave Amendment Act 2011

An Act to amend the Long Service Leave Act 1976

[Royal Assent 24 November 2011]

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:

1Short titleThis Act may be cited as the Long Service Leave Amendment Act 2011 . 2CommencementThis Act commences on 1 July 2012. 3Principal ActIn this Act, the Long Service Leave Act 1976 is referred to as the Principal Act. 4Section 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"; (i) by omitting from paragraph (b) "13" and substituting "8 2/3". 5Section 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". 6Section 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". 7Section 27 insertedAfter section 26 of the Principal Act , the following section is inserted: 272011 transitional arrangements Schedule 3 has effect. 8Schedule 3 insertedAfter Schedule 2 to the Principal Act , the following Schedule is inserted: Schedule 32011 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; 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) . 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 employment (or any part of it) under the new long service entitlements. 9Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 18 OCTOBER 2011

Legislative Council on 10 NOVEMBER 2011]