Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 15

15. (1) This Act-

   (a)  does not affect the operation of an award, order or agreement in force
        immediately before the commencement of this Act under the Conciliation
        and Arbitration Act 1904 in relation to long service leave for seamen
        included in a prescribed class of seamen; and

   (b)  shall not be deemed to prevent the making of an award (including an
        award having effect from a date before the commencement of this Act)
        or an order, or the certification of an agreement, under that Act in
        relation to long service leave for seamen included in a prescribed
        class of seamen, or to affect the operation of such an award, order or
        agreement, and sub-section 41A (2) of that Act, or that sub-section in
        its application in accordance with section 74 of that Act, does not
        apply in relation to any such award.

(2) Where an employee has, in accordance with an award, order or agreement
referred to in sub-section (1), been granted long service leave, or been paid
in lieu of long service leave, in respect of a period of employment, no part
of that period of employment shall be included in the period of service of the
employee for the purposes of this Act.

(3) Where immediately before the commencement of this Act, by virtue of
sub-section 6A (2) of the Commonwealth Employees' Furlough Act 1943, a part of
the period of employment of an employee was not included in the period of
service of the employee for the purposes of that Act, that part of the period
of employment of the employee shall not be included in the period of service
of the employee for the purposes of this Act.
(4) In this section, ''seamen'' has the same meaning as in Division 2 of Part
III of the Conciliation and Arbitration Act 1904.