LONG SERVICE LEAVE (AMENDMENT) ACT 1986 No. 24 NEW SOUTH WALES TABLE OF PROVISIONS 1. Shcrt title 2. Commencement 3. Amendment of Act No. 38, 1955 SCHEDULE 1--AMENDMENTS TO THE LONG SERVICE LEAVE ACT 1955 RELATING TO EXEMPTIONS SCHEDULE 2--AMENDMENTS TO THE LONG SERVICE LEAVE ACT 1955 RELATING TO LONG SERVICE LEAVE ENTITLEMENTS LONG SERVICE LEAVE (AMENDMENT) ACT 1986 No. 24 NEW SOUTH WALES Act No. 24, 1986 An Act to amend the Long Service Leave Act 1955 with respect to the entitlement to, and amount of, long service leave and the duration and review of exemptions granted under that Act. [Assented to 2 May 1986.] 2 Long Service Leave (Amendment) 1986 BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the "Long Service Leave (Amendment) Act 1986". Commencement 2. (1) Except as provided by this section, this Act shall commence on the date of assent to this Act. (2) Section 3, in its application to a provision of Schedule 1 or 2, shall commence or be deemed to have commenced on the day on which the provision commences or is deemed to have commenced. (3) Schedule 1 shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette. (4) Schedule 2 shall be deemed to have commenced on 9 May 1985. Amendment of Act No. 38, 1955 3. The Long Service Leave Act 1955 is amended in the manner set forth in Schedules 1 and 2. SCHEDULE 1 (Sec. 3) AMENDMENTS TO THE LONG SERVICE LEAVE ACT 1955 RELATING TO EXEMPTIONS (1) Section 5 (Exemptions)-- Section 5 (2) (a)-- Omit "The", insert instead "Subject to section 5A, the". 3 Long Service Leave (Amendment) 1986 SCHEDULE {--continued Act No. 24 AMENDMENTS TO THE LONG SERVICE LEAVE ACT 1955 RELATING TO EXEMPTIONS--continued (2) Section 5A-- After section 5, insert: Review of exemptions 5A. (1) In this section, "exemption" means an exemption granted under section 5 (2) (a). (2) Unless sooner revoked, an exemption granted after the commencement of this section remains in force for the period of 3 years from the date on which it is granted or for such shorter period as the Industrial Commission of New South Wales specifies when granting it, but it may be extended by the Commission from time to time for a further period or further periods of 3 years or such shorter period or periods as the Commission specifies when extending it. (3) The Industrial Commission of New South Wales may review any exemption-- (a) of its own motion, after causing a notice to be served on such persons as appear to be appropriate in the circumstances stating that the Commission requires them to show cause why the exemption should not be varied or revoked on the ground that the benefits provided by this Act are more favourable than those then applying; (b) on application by an industrial union of employers or employees, or by an employer, affected by the exemption; or (c) at the request of the Minister or following a report by the Industrial Registrar. (4) After reviewing an exemption, the Industrial Commission of New South Wales may confirm the exemption, vary the terms of the exemption or any condition subject to which the exemption was granted, or revoke the exemption. 4 Long Service Leave (Amendment) 1986 SCHEDULE 2 (Sec. 3) AMENDMENTS TO THE LONG SERVICE LEAVE ACT 1955 RELATING TO LONG SERVICE LEAVE ENTITLEMENTS Section 4 (Long service leave)-- (1) Section 4 (2) (a) (i) ( Q -- After "services", insert "after the completion of 15 years service". (2) Section 4 (2) (a) (ii)-- After section 4 (2) (a) (i), insert: (ii) in the case of a worker who has completed at least 10 years service but less than 1 5 years with an employer and whose services with the employer are terminated or cease for any reason, be a proportionate amount on the basis of 3 months for 15 years service; and