Queensland Numbered Acts

COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - SECT 76

76 Payments to employers after registered worker paid long service leave

(1) This section applies if—

(a) a registered worker has been paid all or part of the worker’s long service leave entitlement by an employer for a period when the worker was performing community services work; or

(b) a registered worker has died and the worker’s personal representative has been paid all or part of the worker’s long service leave entitlement by an employer for the period when the worker was performing community services work.

(2) On application by the employer the authority must pay the employer an amount calculated using the formula—

where—

"S" means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers.

"R" means the annual rate of pay that was payable for the classification level of the registered worker at the time the long service leave entitlement was paid by the employer.

(3) The application must be—

(a) in the approved form; and

(b) made within—

(i) 3 months after the entitlement was paid; or

(ii) a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.

(4) However, under this section, the employer is not entitled to be paid—

(a) an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) ; or

(b) an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer.

(5) Despite this or another section, an employer of a worker whose registration has been cancelled is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker’s registration had not been cancelled.

(6) An employer is entitled to be paid for a public holiday that happens during the registered worker’s long service leave.