Long Service Leave Entitlements

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thejockey

thejockey

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Apr 5, 2015
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Hi all

Not sure if this is the right area for this , if not feel free to move it.

I’ve found out from a few people I trust that the company I work for are in the process of being bought out . Apparently it’s close to a done deal and will be finalised early 2019.
I’ve been garaunteed my job is totally secure so no issues there.

The kicker is my 10 year long service leave ticks over on January 14th.
Does anyone know if a change in ownership could jeopardise that or change it all ?
 
thejockey said:
Hi all

Not sure if this is the right area for this , if not feel free to move it.

I’ve found out from a few people I trust that the company I work for are in the process of being bought out . Apparently it’s close to a done deal and will be finalised early 2019.
I’ve been garaunteed my job is totally secure so no issues there.

The kicker is my 10 year long service leave ticks over on January 14th.
Does anyone know if a change in ownership could jeopardise that or change it all ?
Click to expand...
Employee entitlements on a transfer of business
When there is a transfer of business a new employer has to recognise an employee's service with the old employer when working out most of their entitlements, including:

  • sick and carer's leave
  • requests for flexible working arrangements
  • parental leave.
However, there are some entitlements that the new employer doesn't have to recognise. These include:



Long service leave
In some cases the new employer doesn't have to recognise an employee's service with the old employer when calculating an entitlement to long service leave.

This can happen when:

  • an employee was not entitled to long service leave under a registered agreement at 31 December 2009
  • an agreement was made on or after 1 January 2010 that replaces it
  • the new agreement says that service under an older agreement does not count towards long service leave.
 
Cockarfitt said:
Employee entitlements on a transfer of business
When there is a transfer of business a new employer has to recognise an employee's service with the old employer when working out most of their entitlements, including:




    • sick and carer's leave
    • requests for flexible working arrangements
    • parental leave.
However, there are some entitlements that the new employer doesn't have to recognise. These include:



Long service leave
In some cases the new employer doesn't have to recognise an employee's service with the old employer when calculating an entitlement to long service leave.

This can happen when:

  • an employee was not entitled to long service leave under a registered agreement at 31 December 2009
  • an agreement was made on or after 1 January 2010 that replaces it
  • the new agreement says that service under an older agreement does not count towards long service leave.
Click to expand...
Hmm looks like i’ve just got to keep my fingers crossed on that last point
 

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If you work under an EBA there should be a section covering transmission of business that covers off what Cockarfitt posted.
 
thejockey said:
Thanks all , looked into it yesterday and I should be fine.
Click to expand...
Good to hear. I was with a company in Melbourne for 5 and a bit years and when I transferred to QLD with the same company I was required to start off as a casual for that very reason. I was paid out my annual leave though.
 
I lucked out a little with mine
The CEO from the company that was bought sent everyone a letter saying we would be no longer be at the same site about 3 months after the buyout had occured and we would all be shifting to the the new owners sire and equipment etc would be moved to there
We argued that it was a redundancy
Went to the commission and the judge agreed
We also had power in numbers
If none of us agreed to work for the new mob then they had no employees and they didn't want that at all as we still had to stay at the current site and finish off work for 3 months, the business wouldve literally stopped
So the new owners said u better give them a redundancy otherwise the business cant roll over seamlessly and that's part of the deal
Finished a Friday evening with the old mob, got the payout and all entitlements rolled over.....rocked up monday at the same site to do the same job for new people for 3 months
Lucked out over a dumb CEO sending a letter when he shouldn't have
 
PoppedCorn said:
I lucked out a little with mine
The CEO from the company that was bought sent everyone a letter saying we would be no longer be at the same site about 3 months after the buyout had occured and we would all be shifting to the the new owners sire and equipment etc would be moved to there
We argued that it was a redundancy
Went to the commission and the judge agreed
We also had power in numbers
If none of us agreed to work for the new mob then they had no employees and they didn't want that at all as we still had to stay at the current site and finish off work for 3 months, the business wouldve literally stopped
So the new owners said u better give them a redundancy otherwise the business cant roll over seamlessly and that's part of the deal
Finished a Friday evening with the old mob, got the payout and all entitlements rolled over.....rocked up monday at the same site to do the same job for new people for 3 months
Lucked out over a dumb CEO sending a letter when he shouldn't have
Click to expand...

Sorry, but that is ******* lunacy.

Everyone got a job and a redundancy payout? Everyone lose their sick leave balance though?
 
Nope
Everything rolled over
Wasn't a big joint, maybe 80 people
Half salary, half weekly

In the words of the union rep
Cake was got AND eaten

Edit
Outta those 40 odd weekly people Half would've been casuals, no sick or annual leave, so they were just worried about service continuincy for pro rata and long service
But us few perms lucked out
 
thejockey said:
Hi all

Not sure if this is the right area for this , if not feel free to move it.

I’ve found out from a few people I trust that the company I work for are in the process of being bought out . Apparently it’s close to a done deal and will be finalised early 2019.
I’ve been garaunteed my job is totally secure so no issues there.

The kicker is my 10 year long service leave ticks over on January 14th.
Does anyone know if a change in ownership could jeopardise that or change it all ?
Click to expand...

Where I was working a few years ago (still with the same company now, just in a different division) it looked like we were going to be sold.

There was a few ways it could have gone. The new owner would agree to take on all of our entitlements or the old owner would have to pay us a redundancy and then either the new owners would take us on or we'd have to apply for the positions or they'd just tell us to nick off.
 
Eligible for mine next year. Only taking 5 days. Though with Easter and Anzac Day it amounts to almost two weeks.

Taking the bulk in 2020 to travel Europe.
 

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