Benchmark WA Industrial Relations Case Database

RatioThe claimant's long service leave entitlement claim fails because he cannot meet the statutory requirement of 'continuous employment with one and the same employer' under s8 of the Long Service Leave Act 1958 (WA). The Full Bench in Baker Hughes established that 'one and the...

In text … of ‘continuous employment with one and the same employer’ to qualify for pro-rata long service leave under s 8 of the Long Service Leave Act …

MatchThe amendment to s6(6) of the Long Service Leave Act recognising continuous employment for casual employees employed under multiple contracts or with other concurrent employment does not alter the fundamental requirement that the liability for long service leave entitlements rests with a single employer.

In text … The clarification of continuous employment for casual or seasonal employees, particularly s 6(6) of the Act, recognises the nuances of casual employment, namely casual employees …

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 …

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 …

MatchLong service leave entitlements under the Long Service Leave Act 1958 (WA) are not universal minimum conditions that extend to and bind all employees and employers, unlike the Minimum Conditions of Employment Act 1993 (WA). The Long Service Leave Act applies only to 'certain' employees as indicated in its long title, and s 4A is the sole provision which...

In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices; clarify existing provisions relating to the cashing out of long service leave …

MatchAn apprentice is expressly included in the definition of 'employee' under s 4(1) of the Long Service Leave Act 1958 (WA), and therefore a period of apprenticeship must be construed as part of an employee's 'continuous employment' for the purposes of s 8(1).

In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices; b) clarify existing provisions relating to the cashing out of long service …

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 …

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 …