Queensland Numbered Acts

COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020 - SECT 77

77 Payment to employers before registered worker paid long service leave

(1) This section applies if an employer proposes to pay all or part of a registered worker’s long service leave entitlement for a period the registered worker is likely to be engaged by the employer.

(2) The employer may apply to the authority to be paid all or part of the registered worker’s long service leave entitlement.

(3) The application must be—

(a) in the approved form; and

(b) made at least 1 month before the employer proposes to pay the registered worker all or part of the registered worker’s long service leave entitlement.

(4) The authority must consider the application and decide to either—

(a) grant the application and give the applicant notice of the decision; or

(b) refuse to grant the application and give the applicant an information notice for the decision.

(5) If the authority grants the application the authority must pay the employer an amount calculated using the formula—

where—

"S" means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers.

"R" means the annual rate of pay that is payable for the classification level of the registered worker at the time the application is made.

(6) Within 14 days after the end of the registered worker’s period of long service leave, the employer must provide the authority with documentary evidence satisfactory to the authority that the registered worker was paid the amount that was paid to the employer under subsection (5) .

Penalty—

Maximum penalty—60 penalty units.

(7) If the registered worker was not paid the amount that was paid to the employer under subsection (5) , the employer must give the authority notice of the amount actually paid.

(8) If the amount paid by the employer to the registered worker is less than the amount paid by the authority to the employer, the authority must give the employer a notice stating—

(a) the amount of the difference between the amounts paid by the authority and the employer; and

(b) that the employer must pay the difference to the authority.

(9) The employer must pay the amount stated in the notice under subsection (8) within 28 days after the notice is given to the employer.

Penalty—

Maximum penalty—60 penalty units.