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Monday, 27 February 2012
Page: 975

Long Service Leave

(Question No. 1504)


Senator Abetz asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 16 January 2012:

(1) How are Long Service Leave (LSL) entitlements protected under the Fair Work Act 2009.

(2) Did the Prime Minister, as the workplace relations spokeswoman, promise to have a new legislated regime for LSL entitlements by June 2009; if so, to what stage has this progressed.


Senator Arbib: The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) The Fair Work Act 2009 provided a new a legislated entitlement to long service leave. Long service leave forms part of the National Employment Standards (NES). In general terms, under the NES employees are entitled to long service leave in accordance with their applicable pre-modernised award. If an employee's pre-modernised award does not contain an entitlement to long service leave, their leave entitlements are determined by the applicable state or territory long service leave legislation.

(2) The existing long service leave NES is a transitional entitlement pending the development of a uniform national long service leave standard. To my knowledge, there was no commitment to achieve this measure by June 2009. The Government is continuing to work with states and territories to reach agreement on a national long service leave standard. Given the diverse range of long service leave provisions in state and territory legislation, reaching agreement is a complex task.