MatchThe purpose of long service leave is to reward long service and provide paid leave as respite; limiting 'continuous service' based on when an entitlement appeared in an industrial instrument contradicts this fundamental purpose.
In text … In this case, casual employees may lose something in the difference between ‘continuous employment’ and ‘continuous service’, but they gain a more generous period of long …
MatchDisclosure of further information by respondents would enable conciliation to resolve an industrial matter concerning long service leave entitlements or assist in resolution thereof.
In text … Long Service Leave balances by the absence of records relating to breaks in employment of casual employees, as a result of the historical view that casual …
ClaimConciliation and arbitration powers · Long service leave (WA) via s44 referral of industrial matter (WA)
MatchAn employer is 'substantially engaged in the construction industry' where the majority of its work falls within the defined construction industry, including maintenance and repairs of works for extraction, refining, processing, or treatment of materials, such that the exclusion in s3(f) for 'routine or minor' maintenance does not apply.
In text … Industrial law (WA) – Review of a decision of the Construction Industry Long Service Leave Payments Board – Requirement to register as an employer under the Construction Industry …
MatchThe phrase 'continuous service' in casual long service leave clauses of the Education Assistants' (Government) General Agreement 2023 bears its ordinary common-sense meaning and is not limited to service accrued after agreement registration.
In text … long service leave on termination of employment in six qualifying circumstances, some of which require a minimum period of ‘continuous service’.
Casual long service leave was …
ClaimAward interpretation — principles · Long service leave (WA)
keyword matchleading authoritycited by appellate ×3
MatchA casual employee under this award is an employee who is engaged and paid as such, applying s7B of the Industrial Relations Act 1979 (WA), paid by the hour, and may only be employed for a period of less than one week.
In text … Termination of Casual Employment
(7)Casual employment may be terminated by either party with one hours’ notice.
Dismissal for Misconduct
(8)Nothing in this clause shall …
MatchRegulation 8(1a) does not take into consideration any full-time work undertaken by a part-time or casual employee during the accrual period prior to the last 12 months of employment when determining the long service leave entitlement of that employee.
In text … casual employee during the accrual period prior to the last 12 months of his or her employment ceasing with an employer when determining the long service …
ClaimLong service leave (WA) · Award interpretation — principles
MatchAn employer must give an employee written notice of termination in accordance with statutory periods based on length of continuous service, with an additional week's notice for employees over 45 years of age with two or more years of continuous service.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …
RatioThe Commission granted the Department of Education's application to vary the Teachers (Public Sector Primary and Secondary Education) Award 1993 in accordance with the proposed schedule, effective from the beginning of the first pay period commencing on or after 29 June 2020....
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
RatioThe Commission, exercising its s40B power, varied the Farm Employees Award 1985 to remove obsolete provisions, align conditions with the Minimum Conditions of Employment Act 1993 (WA) and federal Fair Work Act 2009 (Cth), eliminate discriminatory language, and modernise the...
In text … employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions …
MatchA permanent or fixed-term contract employee is entitled to long service leave of 13 weeks on completion of 10 years' continuous service and any subsequent period of seven (7) years' continuous service. Part-time employees accrue at the same rate as full-time employees but are paid on a pro rata basis.
In text … their Employer, choose early access to their long service leave at the rate of:
6.5 days per completed twelve month periods of continuous service for …
MatchPaid parental leave entitlements comprise 14 weeks paid leave and 38 weeks unpaid leave for eligible employees, with eligibility requiring 12 months continuous service in the public sector, subject to exceptions for casual employees.
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
MatchCasual employment must be defined by reference to s 7B of the IR Act 1979 (WA), and a minimum engagement period may be specified.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …