New South Wales Consolidated Acts

LONG SERVICE LEAVE ACT 1955 - SECT 12

12 Recovery of long service leave pay

(1) Any worker may apply to the Local Court, or to the Industrial Relations Commission in Court Session, for an order directing the employer to pay to the worker the full amount of any payment which has become due to the worker under this Act at any time during the period of 6 years immediately preceding the date of the application but not earlier than 2 years before the date of assent to the Long Service Leave (Amendment) Act 1980 .
The Local Court or Industrial Relations Commission in Court Session may make any order it thinks just in the matter and may award costs to either party, and assess the amount of such costs.

(2) In any case where the worker is a person employed to do any work for which the price or rate has been fixed by an award or agreement, proceedings under this section may, with the consent in writing of the worker, be taken by the secretary or other officer of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 concerned in the industry to which the award or agreement relates, in the name and on behalf of the worker.
Any amount ordered to be paid in proceedings under this subsection may be paid to the secretary or other officer and the receipt of the secretary or other officer shall be a sufficient charge to the employer for the amount mentioned in the receipt.
Any amount so paid to the secretary or other officer (less any costs properly incurred in connection with the proceedings and not paid by the employer) shall be held by the secretary or other officer on trust for the worker on whose behalf the proceedings were taken.