Queensland Consolidated Acts Queensland Consolidated Acts(1) An employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave if subsection (2) or (3) applies.
(2) If the relevant industrial instrument provides for the employee to be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made, in accordance with the industrial instrument, if the employee and employer agree by a signed agreement.
(3) If no industrial instrument provides for the employee to be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made only if the payment is ordered by the commission on application by the employee.
(4) The commission may order the payment only if satisfied the payment should be made—
(a) on compassionate grounds; or
(b) on the ground of financial hardship.
(5) Despite section 58(2), the full bench must not make a general ruling that allows an employee to be paid for an entitlement to long service leave instead of taking the leave.
(6) In subsection (3)—
employee includes a registered worker under the Building and Construction Industry (Portable Long Service Leave) Act 1991.
entitlement to long service leave includes an entitlement to long service leave under the Building and Construction Industry (Portable Long Service Leave) Act 1991, section 57(1).