Home - Can we make long service leave entitlements consistent across our multi-state business?
September 19, 2021 on chapter Long service leave

Our organisation has offices in the ACT, NSW and Victoria. Each office is covered under different long service leave (LSL) legislation. Can we apply consistent LSL rules across all of our offices?

It is possible to vary LSL to apply it consistently across your organisation.In Victoria, s5(b) of the Long Service Leave Act 2018 (Vic) allows you to apply to the Magistrates’ Court for an exemption to the Victorian LSL Act provided the leave entitlements you propose for the employee are more favourable than those provided by the Act.

Similarly, in NSW, s5(2) of the Long Service Leave Act 1955 (NSW) also allows you to apply to the NSW Industrial Relations Commission for an exemption from the NSW LSL Act, if the Commission is satisfied that the employee is receiving LSL benefits not less favourable than those provided by the Act, and it is in the best interests of the employees that the exemption is granted.

You could also do it by contract so long as it doesn’t undercut the LSL legislation. There is no law that prevents a more favourable arrangement from being adopted.

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