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LONG SERVICE LEAVE ACT 1955 - SECT 13
Amendment of Act No 2, 1940 and savings
13 Amendment of Act No 2, 1940 and savings
(2) Where the provisions of an award or industrial agreement in force
immediately before the commencement of the Long Service Leave (Amendment) Act
1985 entitling workers to long service leave are not more favourable to the
workers than the provisions of section 4 the first-mentioned provisions shall,
as from the commencement of the Long Service Leave (Amendment) Act 1985 , be
deemed to have been omitted from the award or industrial agreement.
This subsection shall not apply to the provisions of any award or industrial
agreement entitling persons, who are not workers entitled to long service
leave under section 4, to long service leave.
(3) Where the provisions of an
award or industrial agreement in force immediately before the commencement of
this Act entitling workers to long service leave are more favourable to the
workers than the provisions of section 4 the first-mentioned provisions shall
not cease to have force or effect by reason only of the amendments to the
Industrial Arbitration Act 1940 made by subsection (1).
(4) Where pursuant to
any provision of an award or industrial agreement to which subsection (2)
applies-- (a) any person before the commencement of the Long Service Leave
(Amendment) Act 1985 became entitled to long service leave in respect of a
period of service with an employer and that person is not entitled under this
Act to long service leave in respect of that period of service with that
employer, or
(b) long service leave has before such commencement accrued upon
termination of the services of any person with an employer by reason of that
person's death,
nothing in subsection (2) shall take away or affect the right
of that person or of that person's personal representative to any payment in
respect of such leave.
In relation to such payment all such proceedings may be taken or continued as
might have been taken or continued had subsection (2) not been enacted.
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