There are currently eight legislative frameworks relating to long service leave operating across the various Australian jurisdictions. This makes the existing long service leave provisions in Australia highly complex and prescriptive: Jurisdiction Current Legislation Entitlement NSW Long Service Leave Act 1955 2 months after 10 years’ service. Then 1 month leave for each subsequent 5 years’ service NSW Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48 3 months after each 10 years’ service. VIC Long Service Leave Act 1992 8.67 weeks after 10 years’ service. Then 4.33 weeks after each additional 5 years’ service QLD Industrial Relations Act 1999 8.67 weeks leave after 10 years’ service. Then further leave after each additional 5 years’ service. SA Long Service Leave Act 1987 13 weeks leave after 10 years’ service. Then 1.3 weeks leave for each subsequent year. WA Long Service Leave Act 1958 8.67 weeks leave after 10 years’ service. Then 4.33 weeks leave after additional 5 years’ service TAS Long Service Leave Act 1976 8.67 weeks leave after 10 years’ service. Then 4.33 weeks leave for each additional 5 years employment NT Long Service Leave Act 1981 13 weeks leave after 10 years’ service. Then 6.5 weeks after each additional 5 years’ service ACT Long Service Leave Act 1976 0.2 months leave for each year of service, with leave available to be taken after 7 years’ service NOTE: Service means continuous service with one employer. We support the adoption of a National standard for long service leave, which should be implemented in a manner that ensures no employees are disadvantaged.
Recognising and bargaining with the other bargaining representatives for the agreement The AWU believes that these requirements help facilitate bargaining negotiations and, where concerns exist that good faith bargaining requirements are not being met, that there are appropriate measures in place for the FWC to act. The AWU is struggling to understand on what basis any changes to these requirements would be necessary, with only a very loose reference being made by the Inquiry to a general debate on the issue during the 2012 Review. Individual Flexibility Arrangements The AWU is not clear what the alleged problem is that the Inquiry is seeking to resolve through its work in relation to IFAs. As noted by the Inquiry, 90% of employers do not have a single IFA with many employers having not heard of IFAs, whilst “the evidence suggests that most employers do not use IFAs because they see no need for them (51%) or have had not request from an employee (33%)”. Less than 1% of employers think IFA provisions are too inflexible. When faced with such statistics, the AWU is surprised that the Inquiry is not instead considering whether IFAs are in fact obsolete and, therefore, still necessary. More worryingly, the Inquiry seems to be intently focusing on how to facilitate the uptake of IFAs but has completely overlooked many concerns that currently exist around IFAs, which have emerged following the FWC’s survey in 2011. Firstly, most IFAs are initiated by employers, not employees, and of particular concern – many employees were required to sign them as a condition of getting or keeping their job. Not only is the latter a breach of the Act, but as many as half the employers who used IFAs were found to take this approach.