Private sector employers and employees
Telephone: 1300 655 266
Mailing address
Locked Bag 100
East Perth WA 6892
This information is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. Find out more on the Guide to who is in the WA state system page.
If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.
New provisions have been implemented through the COVID-19 General Order issued by the Western Australian Industrial Relations Commission to assist private sector employers and employees address the impacts of the COVID-19 coronavirus pandemic on their workplaces.
These new provisions apply to state system employers and employees, including those working under a WA award and award free employees. The new provisions are effective from 14 April 2020 and apply until 31 March 2021 (unless extended).
The unpaid pandemic leave provisions in the COVID-19 General Order are:
Information on the annual leave flexibilities in the COVID-19 General Order is on the Annual Leave page and the Employment impacted by the COVID-19 Coronavirus page.
To be entitled to long service leave under the Long Service Leave Act 1958, an employee’s employment with their employer must be continuous. The amount of long service leave is determined by the employee’s period of continuous employment.
Under the Long Service Leave Act, there are some types of absences that do not break an employee’s continuous employment, but do not count towards an employee’s period of employment for the purposes of accruing long service leave.
For employees in the state system, the effect of unpaid pandemic leave on long service leave accrual will depend on whether a WA award applies, and if so, the nature of any long service leave provisions in the applicable award. More detail is provided below.
Unpaid pandemic leave taken by private sector award free employees in accordance with the COVID-19 General Order provisions will not count towards an employee’s period of employment for accruing long service leave but will not break the employee’s continuous employment.
For private sector WA award employees, whether unpaid pandemic leave will count towards an employee’s period of continuous employment for accruing long service leave depends on the provisions of the relevant WA award.
All WA awards are available on the Western Australian Industrial Relations Commission website at www.wairc.wa.gov.au or you can contact Wageline on 1300 655 266 for award specific information.
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