Purpose:

To provide for the granting of long service leave to workers and for other purposes.

Objectives:

• To establish long service leave entitlements for workers based on years of service.
• To define continuity of service and conditions for taking long service leave.
• To regulate the payment of long service leave and payments in lieu.
• To mandate record-keeping requirements for employers regarding worker service and leave.
• To empower inspectors to ensure compliance with the Act.
• To allow the South Australian Employment Tribunal (SAET) to make determinations regarding long service leave arrangements.
• To provide mechanisms for enforcement and resolution of disputes related to long service leave.

Key Provisions:

• A worker is entitled to 13 weeks long service leave after 10 years of service, and 1.3 weeks for each subsequent year of service.
• A worker with 7 to less than 10 years of service is entitled to payment in lieu of long service leave upon termination, unless terminated for serious and wilful misconduct or unlawfully by the worker.
• Payment in lieu of long service leave can be made by written individual agreement between employer and worker after the leave entitlement accrues.
• Continuity of service is generally preserved despite certain breaks, such as employer-initiated breaks, illness, or various types of leave.
• Long service leave should be granted as soon as practicable, usually in one continuous period, with 60 days notice from the employer, unless otherwise agreed.
• Payment for long service leave is at the worker’s ordinary weekly rate of pay and can be made in advance or on regular paydays.
• The South Australian Employment Tribunal (SAET) may determine that specific awards, agreements, or schemes can govern long service leave entitlements, provided they do not disadvantage workers.
• Employers must keep detailed records of worker service, pay, hours, leave taken, and payments in lieu, for the duration of service and for at least three years after termination.
• Inspectors are granted powers to enter premises, require production and copying of records, and ask relevant questions to administer and enforce the Act.
• Inspectors may direct employers to grant leave or make payments due, and SAET can order compliance.
• Workers are prohibited from engaging in other employment while on long service leave.

Evidence of Compliance Requirements For Agricultural Organisations:

• Maintain a record for each worker covering:
  • The worker’s date of commencement of service.
  • The worker’s occupation or duties.
  • The worker’s rate of pay.
  • The worker’s number of hours worked per week (insofar as relevant to entitlement).
  • The worker’s entitlement to long service leave.
  • Any long service leave taken by the worker.
  • Any payment made to the worker by agreement in lieu of long service leave.
  • When the worker’s service is terminated: the manner of termination and any payment made to the worker in lieu of long service leave.
• Ensure the records are in a form that complies with regulations and contain any additional particulars required by regulations.
• Keep required records throughout the period of the worker’s service and for at least three years after the termination of that service.
• If an agreement to make a payment in lieu of long service leave is made, cause the agreement to be recorded in writing and signed by both the employer and the worker.
• Give a copy of the signed written record of the agreement for payment in lieu of long service leave to the worker.
• Keep the signed written record of the agreement for payment in lieu of long service leave for the period specified for records (at least three years after termination of service).
• At intervals of 12 months, determine the average number of hours per week worked by each worker over the preceding 12 months.
• When there is a change in a worker’s employment from one related employer to another, the former employer must transmit all records kept under the Act relating to that worker to the other employer.
• The receiving employer must retain the transmitted records in accordance with the Act.
• Allow any worker to inspect their record kept under the Act during normal office hours.
• Before long service leave is taken, give the worker a statement in the prescribed form setting out the number of days of leave to be taken and any remaining balance.
• When a payment is made to a worker by agreement in lieu of long service leave, give the worker a statement in the prescribed form setting out the period of leave in lieu of which the payment is made and any remaining balance.
• Grant long service leave to a worker as soon as practicable after entitlement accrues, considering the needs of the business.
• Give a worker at least 60 days notice of the date from which leave is to be taken, unless an agreement is made to grant leave on shorter notice.
• Pay a worker on long service leave at their ordinary weekly rate of pay.
• Make payment for a period of long service leave in one of the following ways: in advance for the whole period of leave; or on the same days as wages would have been paid if the worker remained at work (by cheque posted to a specified address if requested in writing); or in some other way agreed between the employer and worker.
• If a variation in a worker’s rate of pay occurs while on leave, reflect that variation in the payment for the leave; if payment was made in advance, make any necessary adjustment on the worker’s return to work.
• For payments in lieu of long service leave made by agreement, calculate the payment at the worker’s ordinary weekly rate of pay applicable immediately before the payment is made (excluding accommodation value); make a further payment if the worker’s rate of pay varies during the equivalent leave period.
• For payments in lieu of long service leave made on termination, calculate the payment at the worker’s ordinary weekly rate of pay applicable immediately before termination and make the payment immediately (or to the personal representative on request if the worker has died).
• Comply with written directions from an inspector to grant long service leave or make a payment within a stated period (not less than 14 days), unless an application for review is made to SAET. If a review is made, comply with a notice confirmed by SAET within a period specified by SAET.

Metadata Keywords:

Long Service Leave, Employment Law, South Australia, Worker Entitlements, Employer Obligations, Record Keeping, Industrial Relations, Fair Work, Compliance.

Publication Information:

Publication date: 1.7.2017 Version: 1.7.2017

Agricultural Industry Alignment:

Not specified in document.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.sa.gov.au/__legislation/lz/c/a/long%20service%20leave%20act%201987/current/1987.73.auth.pdf →