Relationship with the NSW Long Service Leave Act 1955

Provisions are made that clarify the nexus between the operation of the scheme and existing benefits under the general NSW Long Service Leave Act 1955.


A contract cleaner who has nine years service with a single employer and continues to be employed by them for 12 months following the commencement of the scheme will apply for long service leave in the usual manner.

In this scenario a split liability will apply. The employer remains directly responsible for the initial nine years service and the scheme is liable for the payment in relation to the service accrued after 1 July 2011.

In practical terms the employer would pay the worker the full amount in the first instance and apply to LSC for reimbursement for levies paid on a pro rata basis.

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