Victorian Numbered Acts

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INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2021 (NO. 14 OF 2021) - SECT 62

Who is an employee?

    (1)     In clause 4(2)(a) of Schedule 2 to the Long Service Benefits Portability Act 2018 , before "the individual's" insert "subject to subclause (2A),".

    (2)     For clause 4(2)(b) of Schedule 2 of the Long Service Benefits Portability Act 2018 substitute

    "(b)     the individual is prescribed to be an excluded employee for the security industry; or

        (c)     the individual is a member of a class prescribed to be an excluded class of employees for the security industry.".

    (3)     After clause 4(2) of Schedule 3 to the Long Service Benefits Portability Act 2018 insert

    "(2A)     An individual referred to in subclause (2)(a) is an employee for the security industry if—

        (a)     the individual is employed in accordance with subclause (1); and

        (b)     the registrar is satisfied that long service leave charges under the Construction Industry Long Service Leave Act 1997

              (i)     are no longer being paid in respect of the individual; or

              (ii)     are being paid by a person other than a person recorded as an employer of the individual under section 9(b) of this Act.".



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