Long Service Leave (Calculation of Average Weekly Earnings) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 27 October 2015.)

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (15:58): I would like to thank honourable members for their contributions to the second reading of the bill and I am pleased to provide the following information addressing questions that were asked by members.

The Hon. Rob Lucas raised a question as to whether this bill is retrospective. The provision inquired of by the Hon. Rob Lucas will eliminate the effect of the Flinders Ports v Woolford decision immediately once the bill is proclaimed. The amendments, once they come into operation, apply to workers who take long service leave or are paid long service leave in lieu, not those unfortunate workers who have already been affected by the Woolford decision.

I am advised that this amendment will not create a queue of workers seeking retrospective long service payments from before the time that this bill becomes law; it will only ensure that a part-time or casual worker who has an entitlement for long service leave into the future will not have that entitlement diminished by a work-related injury absence prior to the amendment taking effect.

The Hon. Tammy Franks has called on the government to investigate protections to ensure that hours worked for the purposes of averaging provisions include hours that have been paid pursuant to the minimum engagement provisions of the worker's relevant award or agreement. The government has demonstrated, by seeking to pass these amendments today, its willingness to legislate in order to protect workers' long service leave payments brought about by interpretations that result in unsatisfactory consequences.

Should the matter raised by the Hon. Tammy Franks result in an unjust dilution of entitlement under the act the government will investigate the matter at the time and take appropriate steps to preserve the intent of the legislation. I commend the bill to the house.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:01): I move:

That this bill be now read a third time.

Bill read a third time and passed.