Queensland Consolidated Acts Queensland Consolidated Acts(1) The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.
(2) However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.
(3) An employer must not reduce an employee's usual rate, before an employee starts long service leave, with intent to avoid the employer's obligation under subsection (2).
(4) If satisfied an employer has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.
(5) If, during the employee's leave—
(a) the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or
(b) the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.
(6) If an employee is entitled to receive an amount representing commission in the employee's long service leave payment, the employer must pay the default average commission unless—
(a) a relevant industrial instrument or contract between the employer and employee otherwise provides; or
(b) the commission, on application, considers that the default average commission would not represent a fair amount in the circumstances.
(7) If, on application under subsection (6)(b), the commission considers that the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.
(8) If a dispute arises between an employee who is paid at piecework rates and the employer about the rate the employee should be paid for long service leave, the commission may decide the rate payable.
(9) An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave.
(10) The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.
(11) An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.
(12) In this section—
default average commission means—
* the total commissions payable to the employee in the 1 year before the leave is taken
* divided by 52.179
* multiplied by the number of weeks leave for which payment is being made.
usual rate means the rate at which the employee is being paid for ordinary time, being a rate that is higher than the ordinary rate.