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 …
MatchFor an employee to have engaged in 'serious misconduct' for the purposes of the Long Service Leave Act 1958 (WA) s8(2)(c)(ii), the misconduct must be of sufficient gravity such as to justify termination of the employment relationship in the context of beneficial legislation, and must be capable of denying the employee an entitlement to a statutory...
In text … has completed continuous employment with the employer is entitled to a period of four-weeks annual leave with payment of ordinary ages;
a casual worker may …
ClaimAward (WA state system) · Award interpretation — principles
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
MatchThe phrase 'employment has been ended by his/her Employer' in the context of pro-rata long service leave requires assessment of the causal connection between the end of employment and the conduct of the respondent; a 'but for' test is inadequate and the appropriate causal connection must be determined by examining the text and context of the relevant provision.
In text … years continuous service.
(b) after each further period of seven (7) years continuous service.
…
(11) Pro Rata Long Service Leave
(a) If the employment of an …
ClaimAward interpretation — principles · Long service leave (WA)
[2012] WAIRC 431— The Australian Rail, Tram v Bus Industry Union Of Employees, West Australian Branch
WAIRC — Full BenchFor applicant
Justice Honourable, Acting President Kenner, Commissioner Mayman·2012-07-11·cited 1×·appellate 1×·
keyword match
RatioThe Full Bench authorised the Registrar to register alterations to the eligibility for membership rule of the Australian Rail, Tram and Bus Industry Union of Employees, WA Branch, converting the rule from reference to "Western Australian Government Railways Services" to the...
In text … years of continuous service shall be entitled to 13 weeks of long service leave on full pay. Employees may by agreement with their employer, clear any …
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 …
MatchReinstatement is the primary remedy under the Industrial Relations Act 1979 (WA) where an employee has been found to have been unfairly terminated, and the onus is on the respondent employer to establish that reinstatement or re-employment is impracticable.
In text … pro-rata long service leave and orders that require the respondent to recognise Ms Vimpany’s continuity of employment would allow her to continue to build …
MatchThe General Order's deeming provisions in clauses 2 and 3 extend the meaning of 'service' and deem certain absences and breaks not to interrupt continuity, but this deeming operates to define what constitutes continuous service within a defined sphere—here, the Public Sector.
In text … employment in Tasmania may have been continuous, in the sense that it did not break continuity of service under the Government Wages Employees Long Service Leave …
ClaimAward interpretation — principles · Public sector termination
RatioThe Full Bench held that a change in the registered name of a state organisation does not invalidate a s71(5) certificate previously issued, as no new organisation is created by mere name change. Further, the Full Bench has no power to amend a s71(5) certificate except in the...
In text … a reasonable expectation of continuing engagement by the employer on a regular and systematic basis. (c) Without limiting (1)(b), a casual employee is also “eligible …
MatchSection 18 of the Minimum Conditions of Employment Act 1993 (WA) is directed to payment of paid leave while an employee is employed and taking leave, not to determining the rate of pay for cashing out leave entitlements upon cessation of employment. The section applies where leave is taken, not where it is cashed out.
In text … continuous service in a temporary capacity;
shall be entitled to 13 weeks of long service leave on full pay.
Employees may by agreement with their employer …
ClaimAward/agreement enforcement · Long service leave (WA) via Jurisdictional objection