Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.
For example, the signpost definition ‘ period of service —see section 2G.' means that the term ‘period of service' is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2 Important concepts
2C Commission recipients may be employees
A person may be an employee for this Act even though the person is paid completely or partly by commission.
2D Benefits under this Act and LSL (BCI) Act
(1) This section applies to an employee who—
(a) is registered under the LSL (BCI) Act; and
(b) has elected under that Act, section 63 to take long service benefits under that Act for a period stated by the employee.
(2) The employee's election does not prevent the employee from receiving benefits under this Act.
(3) However, the employee is not entitled to a benefit under this Act for a period for which the employee has received a benefit under the LSL (BCI) Act.
(4) In this section:
"LSL (BCI) Act "means the Long Service Leave (Building and Construction Industry) Act 1981.
2E Benefits under this Act and LSL (CCI) Act
(1) This section applies to an employee who—
(a) is registered under the LSL (CCI) Act; and
(b) has elected under that Act, section 64 to take long service benefits under that Act for a period stated by the employee.
(2) The employee's election does not prevent the employee from receiving benefits under this Act.
(3) However, the employee is not entitled to a benefit under this Act for a period for which the employee has received a benefit under the LSL (CCI) Act.
(4) In this section:
"LSL (CCI) Act "means the Long Service Leave (Contract Cleaning Industry) Act 1999.
2F Working out remuneration—employee also receives commission
(1) To work out the ordinary remuneration of an employee who, during a year, is paid completely by commission, or partly by salary or wages and partly by commission—
(a) the employee is taken to be paid completely by salary or wages throughout the year; and
(b) the amount payable for salary or wages to the employee in relation to a week in the year is taken to be the following:
(2) In this section:
"total payable", for a year, means the total amount payable to the employee for the year as commission, salary or wages.
2G Periods of service
(1) In this Act:
"period of service", as an employee, means a period of continuous service as the employee of a particular employer.
(2) However, in working out an employee's period of service, the following interruptions of the period of service do not break the continuity of service:
(a) an interruption caused by an industrial dispute if the employee returns to the service of the employer in accordance with the terms of settlement of the dispute;
(b) a period when an employee is stood down by his or her employer because of slackness of trade if the employee is re-employed by the employer within 6 months after the day the employee is stood down;
(c) a period, other than a period mentioned in the dictionary, definition of "continuous service", paragraph (a) or (b), when the employee is absent with the employer's leave;
(d) a period when the employee is absent because of injury arising out of or in the course of the employment;
(e) any other interruption, including ending of service by the employer (other than with the intention of avoiding the granting of long service leave), if the employee returns to the employer's service within 2 months after the day the service is interrupted;
(f) service by the employee as a member of the Defence Force, other than as a member rendering continuous full-time service;
(g) service during a period when an employee was temporarily outside the ACT.
(3) Also, an interruption of an employee's service of longer than 2 months does not break the continuity of service if the interruption is caused by the seasonal nature of the work.
(4) To remove any doubt, the period of the interruption under subsection (2) or (3) must not be taken into account in working out the total period of service.
Example
Fiona starts work in the cosmetics department of Desmond James (‘DJ's'), a department store, on 1 January 1992. She works there until 31 December 1994, when she quits to take up a position with Gray's Brothers, a competing department store. She doesn't like the new manager and returns to her old job at DJ's on 1 February 1995. On 1 June 1995 there is a strike which continues till 30 September 1995, after which Fiona returns to work in accordance with the terms of settlement of the dispute. On 1 August 1999 Fiona injures herself at work and is unable to return to work until 1 December 1999. The cumulative absences of 9 months do not count as service, postponing her entitlement, but do not break continuity of service. Her 10 years long service leave falls due on 1 October 2002.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).