Terms of Reference

Received from the Legislative Assembly on 5 May 2015:

To the Economic, Education, Jobs and Skills Committee — for inquiry, consideration and report no later than 1 May 2016 on employer schemes that provide portability of long service leave entitlements for Victorian workers and —

  1. in particular, the Committee is requested to investigate employer schemes that provide portability of long service leave entitlements for workers as they move between jobs in the same or similar industry, including:
    1. the objectives of portable long service leave schemes;
    2. which sectors, industries or occupations may benefit from such schemes;
    3. the rationale for any difference in treatment between sectors or groups of employees;
    4. funding arrangements applying to existing portable long service leave schemes;
    5. governance, compliance and enforcement arrangements applying to existing portable long service leave schemes;
    6. the key components that should apply to any portable long service leave scheme for the community services sector including coverage, eligibility for and the calculation of long service leave benefits;
    7. whether alternative mechanisms or arrangements could better meet the objectives of a portable long service leave scheme for sectors of the workforce including the community services sector;
    8. the capacity to operate such schemes within or across jurisdictions, including recognition of service;
    9. the appropriate role for Government in facilitating portable long service leave schemes; and
    10. relevant implementation issues and options;

  2. in making its recommendations the Committee should have regard to:
    1. constitutional or other legal issues or impediments arising from interaction with the Fair Work Act 2009 (Cth), agreements and awards operating under the fair work scheme;
    2. the distinction between schemes for portability of long service leave entitlements and legal structures underpinning other leave entitlements;
    3. the financial impacts or benefits of portable long service leave entitlements on employers, employees and taxpayers; and
    4. the economic impact on Victorian jobs, employment and investment and whether such schemes may disproportionately affect urban or regional areas.

 pdfTerms of Reference - Inquiry into Portability of Long Service Leave Entitlements