Long Service Leave (Commonwealth Employees) Amendment Act 2006

Administered by Department of the Prime Minister and Cabinet

Legislation au C2006A00122 In force Act

Legislation content

 

 

 

 

 

 

Long Service Leave (Commonwealth Employees) Amendment Act 2006

 

No. 122, 2006

 

 

 

 

 

An Act to amend the law relating to long service leave, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Long Service Leave (Commonwealth Employees) Act 1976

 

 

 

Long Service Leave (Commonwealth Employees) Amendment Act 2006

No. 122, 2006

 

 

 

An Act to amend the law relating to long service leave, and for related purposes

[Assented to 4 November 2006]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Long Service Leave (Commonwealth Employees) Amendment Act 2006.

2  Commencement

  This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Long Service Leave (Commonwealth Employees) Act 1976

1  After section 25

Insert:

25A  Schedule 1

  The Act that is specified in Schedule 1 is amended as set out in the applicable items in the Schedule.

2  At the end of the Act

Add:

Schedule 1—Amendments

 

Telstra (Transition to Full Private Ownership) Act 2005

1  Subsection 2(1) (table item 3)

Repeal the item, substitute:

 

3.  Schedule 1, items 41 to 51

The designated day declared under section 3.

 

3A.  Schedule 1, item 52

The third anniversary of the designated day declared under section 3.

 

3B.  Schedule 1, items 53 to 65

The designated day declared under section 3.

 

2  Item 59 of Schedule 1 (new definition of Long Service Leave Act)

After “before”, insert “the third anniversary of”.

3  Item 64 of Schedule 1 (paragraph (a) of the definition of combined service period in new subsection 9A(2))

Omit “was, immediately before”, substitute “is, immediately before the third anniversary of”.

4  Item 64 of Schedule 1 (paragraph (b) of the definition of combined service period in new subsection 9A(2))

After “on”, insert “the third anniversary of”.

5  Item 64 of Schedule 1 (definition of postsale long service leave rights in new subsection 9A(2))

Omit “the designated day in relation to service on or after that day.”, substitute “the third anniversary of the designated day in relation to service on or after that anniversary.”.

6  Item 64 of Schedule 1 (new subsection 9B(1))

Omit “was”, substitute “is”.

7  Item 64 of Schedule 1 (new subsection 9B(2))

Omit “was” (first occurring), substitute “is”.

8  Item 64 of Schedule 1 (new subsection 9B(2))

After “before”, insert “the third anniversary of”.

9  Item 64 of Schedule 1 (new subsection 9B(2))

Omit “was” (second occurring), substitute “is”.

10  Item 64 of Schedule 1 (new subsection 9B(4))

After “after”, insert “the third anniversary of”.

11  Item 64 of Schedule 1 (new subsection 9C(2))

Omit “was” (first occurring), substitute “is”.

12  Item 64 of Schedule 1 (new subsection 9C(2))

After “before”, insert “the third anniversary of”.

13  Item 64 of Schedule 1 (new subsection 9C(2))

Omit “was” (second occurring), substitute “is”.

14  Item 64 of Schedule 1 (new subsection 9D(1))

Omit “was” (first occurring), substitute “is”.

15  Item 64 of Schedule 1 (new subsection 9D(1))

After “before”, insert “the third anniversary of”.

16  Item 64 of Schedule 1 (new subsection 9D(1))

Omit “was” (second occurring), substitute “is”.

17  Item 64 of Schedule 1 (new subsection 9D(2))

After “after”, insert “the third anniversary of”.

18  Item 64 of Schedule 1 (new subsection 9E(1))

After “on” (wherever occurring), insert “the third anniversary of”.

19  Item 64 of Schedule 1 (new section 9G)

After “before”, insert “the third anniversary of”.

20  Item 64 of Schedule 1 (new section 9G)

Omit “was”, substitute “is”.

21  Item 64 of Schedule 1 (new paragraph 9G(b))

After “after”, insert “the third anniversary of”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 October 2006

Senate on 17 October 2006]

(143/06)

 

Overview

The Long Service Leave (Commonwealth Employees) Amendment Act 2006 was enacted by the Parliament of Australia to address issues related to long service leave entitlements for Commonwealth employees in the context of significant organisational changes such as privatisation. This Act aims to ensure that employees' long service leave rights are preserved and appropriately adjusted following such transformative events. The policy objective underpinning this amendment is to provide clarity and certainty regarding long service leave entitlements during and after major structural changes within Commonwealth entities. The Act makes amendments to the Long Service Leave (Commonwealth Employees) Act 1976, specifically in relation to Telstra, to align the entitlements with the new operational framework post-privatisation, ensuring that employees are not disadvantaged by the transition.

Scope and Application

The Long Service Leave (Commonwealth Employees) Amendment Act 2006 amends the Long Service Leave (Commonwealth Employees) Act 1976 to adjust the terms and conditions of long service leave entitlements for Commonwealth employees, particularly in light of significant changes such as the transition to private ownership of entities like Telstra. This Act applies to Commonwealth employees who are entitled to long service leave under the 1976 Act and whose employment circumstances are affected by the transition of certain public entities to full private ownership, as outlined in the Telstra (Transition to Full Private Ownership) Act 2005. The amendments are designed to ensure that the long service leave entitlements of these employees are appropriately calculated and paid following the transition. The Act's provisions are specifically tailored to address the legal framework surrounding the calculation of long service leave, ensuring that it aligns with the new post-transition employment status of the employees. The amendments made by this Act are confined to the scope of long service leave entitlements and do not extend to other employment benefits or conditions. The Act operates on a national level, applying to Commonwealth employees across Australia, and does not provide for any exclusions or exemptions within its terms. The application of the Act may be further defined or extended through subordinate instruments or regulations as deemed necessary by the relevant authorities.

Key Provisions

The Long Service Leave (Commonwealth Employees) Amendment Act 2006 (the "Act") amends the Long Service Leave (Commonwealth Employees) Act 1976 (the "1976 Act") to adjust the provisions related to long service leave entitlements for certain employees, particularly those affected by the transition of Telstra to full private ownership under the Telstra (Transition to Full Private Ownership) Act 2005. The amendments primarily focus on the definition of relevant dates for calculating long service leave entitlements in relation to Telstra employees. For instance, section 25A of the 1976 Act introduces new subsections (9A to 9G) that redefine the terms and conditions under which long service leave is calculated, with specific reference to the "third anniversary of the designated day" as per the Telstra (Transition to Full Private Ownership) Act 2005. Entities and individuals subject to the provisions of the 1976 Act must adhere to the new definitions and calculation methods outlined in the amended sections. This includes ensuring that any long service leave entitlements are calculated in accordance with the amended provisions, particularly for Telstra employees who were employed before and after the transition to full private ownership. The amendments require careful documentation and record-keeping to ensure compliance with the new definitions and timelines specified in the Act. Failure to comply with the provisions of the amended 1976 Act may result in legal consequences for the entities or individuals involved. While the Act does not explicitly state penalties for non-compliance, breaches of employment-related legislation can often lead to civil or administrative penalties. For Telstra employees, non-compliance could result in disputes over long service leave entitlements, potentially leading to litigation. Additionally, the amendments might necessitate adjustments in payroll and human resources management systems to align with the new definitions, thereby imposing administrative burdens on employers.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.