Agreement Derived Long Service Leave

Under the law, workers are entitled to long-term leave from their employer after at least 7 years of termination of service. A worker is entitled to long-term leave for normal remuneration equal to 1/60 of the duration of employment or approximately 6.1 weeks after 7 years. The content of a company agreement concluded between 1 July 2009 and 31 December 2009 takes precedence over the laws of the State or territory relating to long-term leave. (b) those conditions constituted a long-term leave scheme that applied in more than one State or territory; and a worker is granted long-term leave after a long period of work for the same employer. The right of most workers to long-term leave derives from the long-term leave laws in each state or territory. These laws state that employees in Western Australia are covered by the Long Service Leave Act 1958 (the Act). In certain circumstances, the FWC may adopt an order that preserves from the reform and the old IR agreements the rights to long-term leave (e.g. B company agreements, collective agreements, certified agreements). In this case, the contractual conditions prevail over the laws of the State or territory on long-term leave. If the payment is authorized under a bonus or an agreement covering the employment of an employee, an employee may enter into an agreement with his employer to pay all or part of his acquired rights to a long-term leave. Such an agreement must be in writing and signed by the employee and the employer.

Company agreements are agreements concluded at company level between an employer and his employees on the conditions of their employment. Generally speaking, wages are paid at the same rate of pay during long-term leave during the worker`s normal week hours, without the inclusion of additional benefits and payments. . . .