Ai Group has made a submission to the Victorian Government expressing concern about some aspects of the Long Service Leave Bill 2017 (Vic). The Bill is before the Victorian Parliament and would replace the Long Service Leave Act 1992 (Vic).

The Bill would implement the following changes:

• There would be flexibility for employees to take long service leave in any number of periods with the agreement of the employer, including single days of leave;
• An employee would be able to take long service leave after seven years of service (currently pro rata long service leave is payable on termination of employment after seven years of service but leave can only be taken after 10 years of service);
• New averaging arrangements would apply when calculating entitlements for employees who have worked different ordinary hours during their employment with a company;
• Paid parental leave and up to 12 months of unpaid parental leave would count as service;
• Where employment ends and the employee is re-employed within 12 weeks, continuous service would not be broken;
• New continuity of service arrangements would apply for casual and seasonal workers to ensure that they are not disadvantaged when they take parental leave;
• New transfer of business / employment arrangements would apply;
• Penalties for breaches of the long service leave legislation would be increased; and
• Departmental staff would have new inspection and enforcement powers under the legislation.

Ai Group has expressed concern to the Victorian Government about the implications of the definition of ‘casual employee’ in the Bill, and also the absence of a ‘double-dipping’ provision like s.63(5) of the existing Act. Ai Group is pressing for amendments to the Bill to address these issues.

Prior to the Bill being introduced into Parliament, Ai Group made a submission to a Victorian Government review of the existing Act. During the course of the Review, Ai Group opposed a number of Government proposals that would have been very costly for employers. Fortunately, the most costly proposals were ultimately not included in the Bill.

If you would like more information about long services leave entitlements, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like assistance in managing long service leave across different states and territories please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au