Document ID: chunk:federal_register_of_legislation:C2023C00339:section:15
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 15
Character Range: 43501–46033

15  Award etc. in relation to long service leave for seamen
 (1) This Act:
 (a) does not affect the operation of an award, order or agreement in force immediately before the commencement of this Act under the Conciliation and Arbitration Act 1904 in relation to long service leave for seamen included in a prescribed class of seamen;
 (b) shall not be deemed to prevent the making of an award (including an award having effect from a date before the commencement of this Act) or an order, or the certification of an agreement, under that Act in relation to long service leave for seamen included in a prescribed class of seamen, or to affect the operation of such an award, order or agreement; and
 (c) does not prevent the making of an award or workplace agreement, or the certification of an agreement, under the Workplace Relations Act 1996 in relation to long service leave for maritime employees included in a prescribed class of maritime employees, or affect the operation of such an award or workplace agreement or agreement; and
 (d) does not affect the operation of an AWA within the meaning of Schedule 7A to the Workplace Relations Act 1996 in relation to long service leave for maritime employees included in a prescribed class of maritime employees; and
 (e) does not prevent the making of an award, order, agreement or determination under the Fair Work Act 2009 in relation to long service leave for maritime employees included in a prescribed class of maritime employees, or affect the operation of such an award, order, agreement or determination.
 (2) Where an employee has, in accordance with an award, order or agreement referred to in subsection (1), been granted long service leave, or been paid in lieu of long service leave, in respect of a period of employment, no part of that period of employment shall be included in the period of service of the employee for the purposes of this Act.
 (3) Where immediately before the commencement of this Act, by virtue of subsection 6A(2) of the Commonwealth Employees' Furlough Act 1943, a part of the period of employment of an employee was not included in the period of service of the employee for the purposes of that Act, that part of the period of employment of the employee shall not be included in the period of service of the employee for the purposes of this Act.
 (4) In this section:
maritime employee has the same meaning as in the Fair Work Act 2009.
seamen has the same meaning as in Division 2 of Part III of the Conciliation and Arbitration Act 1904.