Long service leave disputes

Applications can be made to SAET with regards to long service leave to:

  • review a SafeWork SA inspector’s decision in relation to an application for long service leave under Long Service Leave Act 1987 (section 12)
  • grant an exemption to the Long Service Leave Act 1987 (section 9)
  • review a decision of the Construction Industry Long Service Leave Board under the Construction Industry Long Service Leave Act 1987

Who can apply?

Under the Long Service Leave Act 1987:

  • An employer who receives a direction from a SafeWork SA inspector to grant leave or pay an amount due may apply to SAET for a review of the notice (section 12).
  • An employer, a party to an award, agreement or scheme relating to long service leave or a registered association that has a proper interest in the matter may apply to SAET for the long service leave entitlements of a particular class of workers will be determined by reference to a particular award, agreement or scheme rather than by reference to the Long Service Leave Act 1987 (section 9).

Under the Construction Industry Long Service Leave Act 1987, a person who is dissatisfied with a decision of the Construction Industry Long Service Leave Board may, within 30 days after the date of the decision (or such longer period as SAET may allow), apply to SAET for a review of the decision.

What do I need to do?

To apply for a review of an inspector’s decision under section 12 of the Long Service Leave Act 1987, an employer must make an application to SAET within 14 days of receiving the direction.  See section 12 of the Long Service Leave Act 1987 for full details.

To apply for an exemption to the Long Service Leave Act 1987, see section 9 for full details.

For a review of a Construction Industry Long Service Leave Board’s decision, an application must be made within 30 days after the date of the decision (or such longer period as SAET may allow).  See section 34 of the Construction Industry Long Service Leave Act 1987 for full details.

What forms are relevant?

  • A90 – Application to review inspector’s direction to grant leave (Long service leave)
  • A91 – Application for exemption (Long service leave)
  • A93 – Application for review (Construction industry long service leave)

These can be downloaded from the forms page.

Is there a cost?

No.

Where can I find more information?

If you need further assistance, contact SafeWork SA on 1300 365 255 or help@safework.sa.gov.auor www.safework.sa.gov.au.