Long Service Leave (Calculation of Average Weekly Earnings) Amendment Act 2015 (SA)

South Australia

Long Service Leave (Calculation of Average Weekly Earnings) Amendment Act 2015

An Act to amend the Long Service Leave Act 1987.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Long Service Leave (Calculation of Average Weekly Earnings) Amendment Act 2015.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Long Service Leave Act 19874Amendment of section 3 – Interpretation

1. (1)

   Section 3(4)(a)—delete paragraph (a) and substitute:

   1. (a)

      any week when the relevant worker—

      1. (i)

         was on unpaid leave for the whole of the week; or

      2. (ii)

         was absent from work on account of a work injury (within the meaning of the Return to Work Act 2014) for which the worker received weekly payments under that Act or, before 1 July 2015, under the Workers Rehabilitation and Compensation Act 1986,

   will be disregarded; and

2. (2)

   Section 3(4)(b)—after "unpaid leave" insert:

   or an absence from work on account of a work injury (within the meaning of the Return to Work Act 2014) for which the worker received weekly payments under that Act or, before 1 July 2015, under the Workers Rehabilitation and Compensation Act 1986

Schedule 1—Transitional provision

1—Transitional provision

The amendments effected to the Long Service Leave Act 1987 by this Act apply in relation to any long service leave taken (or any payment made in lieu of long service leave) on or after the commencement of this Act (including so as to apply in relation to absences of a worker occurring before the commencement of this Act).