Page 2100 - Week 06 - Tuesday, 8 May 2012
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The scheme is strongly supported by unions and employees as an appropriate strengthening of workers’ entitlements in the sector and as a means of addressing mobility issues within the industry. The government has undertaken extensive consultation on this bill and the exposure draft that preceded it. The bill was released as an exposure draft from the end of 2011 until March 2012, with an accompanying discussion paper to assist in the development of submissions on the bill.
Responding to the point made by Mrs Dunne regarding the levy, currently more work is being undertaken on assessing the nature of the workforce and retention rates using available licensing data to determine the proposed levy that will apply to the scheme. This includes working with the actuary and industry in order to set an appropriate levy. The final levy determination will reflect the nature of the workforce to ensure appropriate funds are raised. The levy and scheme funds will be continually reviewed and assessed to ensure they are sufficient to meet future liabilities.
The main features of the bill are that the act will be amended to identify the security industry as a covered industry, then provide a schedule specific to the security industry and then establish a mandatory portable long service leave scheme for security workers and employees. The bill will cover “front-line” security workers, including guards, patrol workers, cash-in-transit workers, crowd marshals and bodyguards. It excludes workers that hold licences relating to the sale, installation and maintenance of security systems, devices and locksmiths. These workers are generally covered under the current building and construction industry scheme, and a double-up would create unnecessary complexity and confusion.
Importantly, Mr Speaker, addressing the point raised by Mrs Dunne, the bill ensures that, where workers are employed by an ACT employer, the worker accrues long service leave entitlements no matter where the worker is physically located. For example, if an ACT security employer has a contract to provide security to a site across the border in New South Wales, the work undertaken there is counted as if it is work undertaken in the territory.
The bill mirrors the provisions in other covered industries in that a person entitled to long service leave must take leave from their employer. The bill also ensures that where a person leaves their employment due to reasons of total incapacity, due to reaching the prescribed retiring age or in the case of death, appropriate arrangements are in place to make the long service leave payment to the person, or his or her estate.
The bill will ensure that where an employee entitlement relates to a combination of long service leave, for example leave accrued prior to the commencement of the scheme and leave accrued after the commencement of the scheme, the Long Service Leave Authority will reimburse employers for that portion of the payment that relates to leave accrued after the commencement of the scheme.
The bill also sets out the various calculations to determine the amount of long service leave payable to an eligible worker. As with other schemes, the security industry scheme is flexible and allows for a four-year break in employment in the industry. Importantly, again, the scheme will support security industry workers. It will protect
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