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COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - SECT 72
Application for long service leave entitlement by registered worker
72 Application for long service leave entitlement by registered worker
(1) A registered worker who has credit for service in the register of workers
may apply to the authority for payment for all or part of the registered
worker’s long service leave entitlement.
(2) A registered worker may be
paid for all or part of the registered worker’s long service leave
entitlement, without taking long service leave, if— (a) an industrial
instrument provides for the registered worker to be paid instead of taking the
long service leave; and
(b) the registered worker has entered into a written
agreement with each of the following entities to be paid all or part of the
entitlement— (i) the authority;
(ii) the registered worker’s employer.
(3) If the registered worker has not entered into the agreement under
subsection (2) (b) , a payment may be made only if— (a) the registered
worker has accrued 2555 days of service in the register of workers; and
(b)
the industrial commission has ordered the payment under the
Industrial Relations Act 2016 , section 110 (3) .
(4) If a registered worker
has died and, immediately before the worker’s death, the registered worker
had a long service leave entitlement, the registered worker’s personal
representative may apply to the authority for payment for all or part of the
entitlement.
(5) An application under subsection (1) or (4) must be in the
approved form.
(6) If the authority decides to refuse payment for an
application under subsection (1) or (4) , the authority must give the
applicant an information notice for the decision.
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