Document ID: chunk:federal_register_of_legislation:C1962A00066:body:0:p17
Version: federal_register_of_legislation:C1962A00066
Segment Type: other
Provision Reference: 
Character Range: 40553–43098

of this Act, he shall, upon application being made by him, be paid, in respect of that long service leave, an amount equal to the assessed amount of pay that he would have received if he had taken that leave during a period commencing on the day on which he became entitled to it.".

18.—(1.) After section forty-five k of the Principal Act the following section is inserted:—

Permanent waterside workers.
"45ka.—(1.) Nothing in this Act shall be construed as preventing a person from becoming entitled to long service leave under a long service leave scheme for employees in respect of a period that is also a period of qualifying service in relation to the person under this Act if, during that period, the person was a permanent waterside worker.
"(2.) Where—
       (a) a person makes application to the Authority to take the whole or a part of any long service leave to which he is entitled under this Part; and
       (b) there is included in the qualifying service to which that long service leave relates a period (in this sub-section referred to as 'the period of common service') in respect of which he has, whether before or after the entitlement to that long service leave arose, become entitled to long service leave under a long service leave scheme for employees, whether or not he has taken the whole or any part of that leave,
the period of the long service leave to which he is entitled referred to in paragraph (a) of this sub-section shall, in lieu of the period that, but for this sub-section, would be the period of that leave, be a period equal to that last-mentioned period reduced by—
       (c) a period equal to one-eightieth of the period of common service; or

       (d) the period of the long service leave to which he has become entitled under the long service leave scheme for employees or, if he became entitled to that long service leave in respect of a period of which the period of common service forms a part only, a period equal to such part of the period of that long service leave as the Authority certifies in writing to be, in its opinion, attributable to the period of common service,
    whichever is the less.
"(3.) Where—
       (a) a person makes application to the Authority to take the whole or a part of any long service leave to which he is entitled under this Part; and
       (b) there is included in the qualifying service to which that long service leave relates a period (in this sub-section referred to as 'the period of common service') in respect of which he will or may, but has not,