New South Wales Consolidated Acts

LONG SERVICE LEAVE ACT 1955 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 16)

1 Provision consequent on enactment of Long Service Leave (Amendment) Act 1985

(1) For the purposes of--

(a) the application of section 4 (11) in respect of a period of service before 9 May 1985, and

(b) without affecting the generality of paragraph (a), any proceedings instituted before or after that date in relation to the long service leave entitlement of a worker in respect of a period of service before that date,

section 4 (11) is to be construed as if it had not been amended by the amending Act.

(2) Section 13 (2) and (4), as in force immediately before 4 May 1995, continues to apply to and in respect of any award or industrial agreement or right of a person to payment in respect of long service leave, as the case may be, to which those subsections applied immediately before that date and to which those subsections, as amended by the amending Act, do not apply.

(3) This clause is taken to have commenced on 9 May 1985 (the date of assent to the amending Act).

(4) Subclauses (1) and (2) re-enact (with minor modifications) clauses 3 and 4 of Schedule 3 to the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(5) In this clause--

"amending Act" means the Long Service Leave (Amendment) Act 1985 .

2 Provision consequent on enactment of Long Service Leave Legislation Amendment Act 2001

(1) An amendment made by the Long Service Leave Legislation Amendment Act 2001 applies to any termination of employment after the commencement of the amendment, and in respect of any such termination applies to periods of service before or after the commencement of the amendment.

(2) This clause has effect for the purposes of this Act and also for the purposes of the other Acts amended by that Act.

3 Provision consequent on appointment of APEC public holiday

(1) Section 4 (4A) applies in relation to the APEC public holiday as if that holiday were appointed under section 4 (4A) (a), but only in respect of employment in the local government areas in which the APEC public holiday is to be observed.

(2) In this clause,
"the APEC public holiday" means 7 September 2007, being the day appointed by the notice published under section 19 (3) of the Banks and Bank Holidays Act 1912 in Gazette No 36 of 2 March 2007 as the day to be observed as a public holiday in the local government areas specified in the Schedule to the notice.