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ARTICLE · 30 MAY 2024

QIRC decisions explain long service leave entitlements in Queensland

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An employee in Queensland is entitled to long service leave after 10 years of continuous service.

AustraliaEmployment and HR

Section 95(2)(a) of the Industrial Relations Act 2016 (Qld) (IR Act) outlines that an employee is entitled to long service leave if they have completed 10 years of continuous service.

'Continuous service' is defined under section 93(b) as "the employee's continuous service with the same employer, whether wholly in the State or partly in and partly outside the State."

The cases of Mears v Vector Aerospace Australia Pty Ltd [2022] QIRC 348 and Fox v Infosys Technologies [2024] QIRC 109 considered the issue of entitlement to long service leave for employees who serve partly in and partly outside Queensland. At the time of writing, these cases are the authoritative interpretation of the relevant provisions in the IR Act.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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