Purpose:

To provide for the granting of long service leave to certain employees in the Northern Territory.

Objectives:

• To establish the entitlement for employees to long service leave.
• To define the calculation and payment of long service leave.
• To specify conditions for payment in lieu of long service leave upon cessation of employment.
• To outline what constitutes continuous qualifying service for long service leave purposes.
• To require employers to keep and maintain detailed records of employee leave and employment particulars.
• To allow for investigations to ensure compliance with the Act’s provisions.
• To ensure that the Act’s provisions override less advantageous employment agreements.

Key Provisions:

• The Act applies to persons employed in the Territory, excluding those covered by other long service leave laws or awards.
• An employee is entitled to 1.3 weeks of long service leave for each completed year of continuous service after 10 years of employment.
• After completing 10 years, an employee is entitled to take long service leave.
• Subsequent entitlements accrue after each additional 5 years of continuous service for a period of 1.3 weeks for each completed year of that 5 years.
• Employers are required to grant and employees are required to take accrued long service leave as soon as practicable, or by agreement, in one continuous period or up to 3 separate periods of not less than 4 weeks each.
• Employees are entitled to a payment in lieu of long service leave credit upon cessation of employment, subject to specified conditions related to length of service and reason for cessation.
• The amount payable for long service leave is calculated based on the employee’s rate of pay and average weekly hours worked over the period of continuous service.
• Continuity of service is not broken by specific periods of military service, industrial disputes, standing down due to slackness of trade, or re-employment within specified timeframes after apprenticeship or other interruptions.
• Employers can be exempted from the Act’s operation if a scheme offering not less favourable benefits is in place.
• Employers must keep and maintain detailed records relating to employee long service leave entitlements and history.
• Authorised persons may conduct investigations and require employers to produce records to ascertain compliance.
• It is an offence to contravene the Act’s provisions or to make false statements or omissions in required records.
• The Act prevails over less advantageous employment agreements.

Evidence of Compliance Requirements For Agricultural Organisations:

• Grant of Long Service Leave:
  • Action: Grant and ensure employees take long service leave for a period of 1.3 weeks for each completed year of continuous service after 10 years, and for each subsequent 5 years.
  • Action: Grant leave as soon as practicable after it accrues, considering business needs, or on a date agreed upon by the employer and employee.
  • Action: Ensure leave is taken in one continuous period or, if agreed, in up to 3 separate periods of not less than 4 weeks each.
  • Action: Give the employee not less than 2 months’ notice of the proposed leave commencement date, unless the employee agrees otherwise.
• Payment for Long Service Leave:
  • Action: Pay the calculated amount for long service leave (RP x HWW x 1.3 for each completed year of continuous service) to the employee on or before the last day the employee is required to work before commencing leave, or on the pay day immediately before leave commences, as agreed.
  • Action: If an agreement to postpone leave is made under section 8(6), pay for that postponed leave at the employee’s rate of pay on the date of that agreement.
  • Action: If agreed, payments can be made by cheque, posted to a specified address, or otherwise.
• Payment in Lieu of Long Service Leave (Cessation of Employment):
  • Action: If an employee entitled to long service leave ceases employment otherwise than by death, pay the amount payable for the employee’s long service leave credit at the time of cessation.
  • Action: If an employee entitled to long service leave ceases employment by reason of serious misconduct, pay an amount not less than what would be payable for 10 years of service (if completed 10-14 years) or for completed 5-year periods (if completed 15+ years).
  • Action: If an employee with 7-10 years of service ceases employment due to retirement, employer termination (not serious misconduct), illness, incapacity, or pressing domestic necessity, pay an amount equal to 1.3 weeks for each completed year of service.
  • Action: If an employee dies and would have been entitled to payment in lieu, pay the amount to their personal representative upon request.
  • Time frame: For employees ceasing employment, payment must be made as soon as practicable after termination. For deceased employees, payment to their personal representative must be made as soon as practicable after death, but not later than 12 months after death.
• Record Keeping:
  • Action: Keep and maintain a record for each employee showing the following particulars:
    • The name of the employee.
    • The date on which the employee commenced employment.
    • The wages, periods of prior qualifying service, and the salary or commission paid.
    • The number of hours of work per week worked by the employee.
    • The accrued long service leave credit of the employee.
    • Each period of long service leave granted, or payment in lieu of long service leave made, to the employee.
    • Each other occasion of 2 months or more on which the employee has been absent from employment.
    • The date on which the employee ceased to be employed by the employer (if applicable).
  • Record retention: Retain records for 3 years after the employee ceased employment. If employment is terminated by death, retain records for 6 years after all moneys owing to the legal personal representative are paid.
  • Action: Do not make false or misleading statements in, or material omissions from, required records.
• Inspection and Audit Requirements:
  • Action: If requested by an authorised person, produce the records required under section 14 at such reasonable time and place as the authorised person specifies, for the purpose of investigations to ascertain compliance with the Act.

Metadata Keywords:

Long Service Leave, Northern Territory, Employment Law, Employee Entitlements, Employer Obligations, Leave Records, Workplace Compliance, Industrial Relations, Australian Agriculture, Employee Benefits.

Publication Information:

As in force at 14 October 2015

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

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

URL:

https://legislation.nt.gov.au/api/sitecore/Act/PDF?id=11975 →