Payment for Long Service Leave. 28.3.1 The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
28.3.2 However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
28.3.3 The Company must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employer's obligation under subsection 28.3.2.
28.3.4 If satisfied the Company has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
28.3.5 If, during the employee's leave--
(a) the ordinary rate is increased above the higher rate--the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(b) the ordinary rate is reduced--the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
28.3.6 An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave.
28.3.7 The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.
28.3.8 An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.
Payment for Long Service Leave a) A continuous or non-continuous shift worker engaged on shift for more than twenty six (26) weeks at any time within five (5) years preceding the first day of taking the leave is paid a loading provided: • any period of 26 weeks is computed by aggregating continuous periods on shift of not less than two (2) weeks; and • a week is a period of seven (7) consecutive days including any rostered days off provided by the relevant shift roster.
b) The loading paid is the average penalty of the employee's ordinary rate determined as follows: • At the time of taking leave, the employee will be paid a percentage of their ordinary rate to a maximum of 30%. The actual percentage of the ordinary rate will be calculated on the basis of: - 3% of the ordinary rate for each complete period of 26 weeks on continuous shift work; and - 1% of the ordinary rate for each period of 26 weeks if engaged on non-continuous or a combination of continuous and non-continuous shift.
c) Where period(s) on shift work cannot be accurately or reliably ascertained, ElectraNet will make an estimate and will determine the loading (if any) payable.
d) If any variation to the ordinary rate occurs during the period of leave the rate of payment will be adjusted accordingly.
Payment for Long Service Leave. The employee is entitled to payment for Long Service Leave at their ordinary rate not including any penalty payments or allowances.
Payment for Long Service Leave. (a) Subject to clauses 7.9.5(b) and (c), payment for long service leave will be calculated on the basis of the employee’s Average Pay.
(b) For the purposes of calculating payment for long service leave:
(i) where a full-time, part-time or Casual employee’s ordinary hours of work have varied over the period during which the leave has accrued, the employee’s ordinary hours of work in respect of this period will be deemed to be the average weekly number of ordinary hours worked by the employee over the 12 months preceding the date of accrual, or the five years preceding the date of accrual, whichever is the greater; and
(ii) where an employee has worked during the period for which the leave has accrued under a combination of full-time, part-time or Casual contracts of employment, the rate of payment for the leave accrued in respect of any part-time employment or Casual employment will be calculated separately.
(c) If an employee on long service leave would have been entitled to an increase in their rate of pay had they been at work, the employee will be entitled to the increased rate of pay as from the date upon which the increase would have been operative. If payment has been made in advance to the employee, the Company will adjust the advance payment to accord with the increased rate of pay upon the employee’s return to duty.
Payment for Long Service Leave. An Employee taking Long Service Leave will be paid at their ordinary time rate of pay at the time of taking the leave, calculated on their normal weekly hours of work, in accordance with the LSL Act.
Payment for Long Service Leave. (1) An employer must pay an employee for long service leave at the following rate:
(a) if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate—the higher rate;
(b) otherwise—the ordinary rate being paid to the employee immediately before the leave is taken.
(2) An employer must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the entity’s obligation under subsection (1)(a).
(3) If satisfied an employer has contravened subsection (2), the Commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
(4) If, during the employee’s long service leave:
(a) the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period to which the increased rate applies; or
(b) the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period to which the reduced rate applies.
(5) If the employee is a seasonal employee, this clause applies subject to section 71HN of the Industrial Relations Act 1999.
(6) In this section:
Payment for Long Service Leave. (a) Payment during long service leave will ordinarily be at the time that the Employer pays wages.
(b) Upon receiving a request in writing not less than one month prior to the commencement of long service leave, the Employer will deposit the payment for long service leave into the Employee’s nominated financial institution account for salary payments at the commencement of the period of long service leave.
Payment for Long Service Leave. (a) Subject to subclause (b), during long service leave, an Employee is entitled to his/her ordinary time rate of pay.
(b) If during the period of leave the Employee's rate of pay would have been varied as a result of clause 4.4 of this Agreement, the rate of pay for the Employee on leave will be the changed rate of pay. If the Employee had received payment in advance for the whole period of leave, the Employer will, on the Employee's return to work, adjust the rate of pay accordingly.
(c) Payment for long service leave may be made: -
(i) In advance for the entire period of leave; or
(ii) At the same times and in the same manner as if the employee had remained at work, or
(iii) In any other way agreed between the Employer and the Employee.
Payment for Long Service Leave. (a) The Company must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
(b) However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
(c) The Company must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the employer’s obligation under clause 14.8(b).
(d) If, during the employee’s leave:
(i) the ordinary rate is increased above the higher rate— the Company shall pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(ii) the ordinary rate is reduced— the Company may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
(e) An employee and the Company may agree on the times when, and the way in which, the employee will be paid for long service leave.
(f) An amount payable for long service leave becomes payable at a time agreed between the employee and the Company. In this clause usual rate means the rate at which the employee is being paid for ordinary time, being a rate that is higher than the ordinary rate.
Payment for Long Service Leave. (i) The rate of payment for long service leave is as follows: • If you have worked full time hours for the whole period of Continuous service - payment at the rate of your current Salary. • If you have been a part time Employee for the whole period of Continuous service and the number of your Contracted Hours has never changed - payment at the rate of your current part time Salary. • If the number of your Contracted Hours has been different from time to time during your Continuous service (eg. you have changed modes of employment between full and part time or the number of your part time hours has changed from time to time) - payment at the rate of your current Salary at the time you commence your leave, but calculated on a pro-rated and proportional basis by reference to your Contracted Hours for each period of service in relation to which your long service leave accrued.
(ii) Long service leave entitlement is taken in the order in which it accrues and the service period relating to each period of long service leave taken is exhausted for long service leave purposes once that leave is taken and is not counted in future calculations.
