Long Service Leave (Unpaid Leave) Amendment Act 2008 (SA)

South Australia

Long Service Leave (Unpaid Leave) Amendment Act 2008

An Act to amend the Long Service Leave Act 1987.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Long Service Leave (Unpaid Leave) Amendment Act 2008.

2—Commencement

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

3—Amendment provisions

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

Part 2—Amendment of Long Service Leave Act 1987

4—Amendment of section 3—Interpretation

1. (1)

   Section 3(2)(b)—delete "(disregarding weeks when the worker was on paid leave)"

2. (2)

   Section 3—after subsection (3) insert:

   1. (4)

      For the purpose of averaging weekly earnings under subsection (2)(a) or the number of hours worked per week under subsection (2)(b)—

      1. (a)

         any week when the relevant worker was on unpaid leave for the whole of the week will be disregarded; and

      2. (b)

         the relevant periods under subsection (2)(a) and (2)(b) will be taken to be periods (which need not be consecutive) totalling 12 months (in the case of subsection (2)(a)) or 3 years (in the case of subsection (2)(b)) after disregarding any weeks when the worker was not at work due to unpaid leave; and

      3. (c)

         any period when the relevant worker was on paid leave will be taken into account.