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Legislative Assembly for the ACT: 2002 Week 14 Hansard (11 December) . . Page.. 4218 ..

MS MacDONALD (continuing):

I will talk about the application of the legislation within the ACT a bit further at a later point. Currently, the Long Service Leave Act provides that all workers in the ACT private sector have the same entitlement to long service leave as long as they are covered by the act. There are a few places of which I have knowledge through my previous work within the clerical area and a couple of other areas which are covered by awards. My motion calls on the situation there to be addressed as well by looking at the disparities between different industries. In that regard, I hope that the areas under the clerks ACT long service leave award, where a pro rata entitlement is not received until after 10 years, will be looked at.

I know of a case from my time working there of a woman being sacked after 91/2 years of service because the employer had not been setting aside money for her long service leave and had no thoughts of paying it out. I should say that she was the only clerical worker within the place and there were a number of fitters and joiners whose long service leave entitlements were being taken care of. But the clerical workers are often, dare I say it, seen as easy pickings by some employers.

Workers are entitled to just over two months paid leave after 10 years service with the same employer. After that, workers get an additional two months paid leave for every five years of service they complete with the employer in the ACT. This leave recognises the value that long serving employees bring to an employer's business. Some disparities are caused by the fact that workers can negotiate improved long service leave benefits under certified agreements. However, the ACT government has no power to override the contents of these agreements as they are made under federal laws. (Extension of time granted.)

There are three industries that have special long service leave arrangements in the ACT-the construction and cleaning industries and, of course, the ACT public service. Public servants have more generous long service leave entitlements that they inherited from the Commonwealth. Public servants are entitled to 12 weeks paid leave after 10 years. Also, service within an Australian public service normally will be recognised by other public services, so long service leave in the public service is portable.

The ACT has established a special portable long service leave scheme for workers in the construction industry. This is similar to arrangements in all other jurisdictions and recognises the fact that people are employed in this industry to work on particular construction projects and there is limited scope for workers to stay with one employer for any length of time. The construction industry scheme also provides for additional benefits. Construction industry workers are entitled to 13 weeks leave after 10 years service, which is slightly more generous than the public service scheme.

The ACT has also set up a portable long service leave scheme for contract workers in the cleaning industry. I pay tribute to Mr Berry, in his previous role as shadow industrial relations minister, for having pushed long and hard to get that through for some well deserving workers out there who often go unrecognised. Again, because these workers are employed on contract, they have limited ability to stay working for the same employer for any length of time. The benefits provided under the contract cleaning scheme are the same as those applying to other private sector workers in the ACT.

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