Minimum conditions of employment

As of 1 January 2010, all employers in the private sector in Tasmania are covered by federal industrial laws. For more information about federal industrial laws, visit Federal and State Industrial Laws | The People in Dairy . However, state long service leave laws continue to apply.

 

Employing children

There are no specific laws about employment of children in Tasmania, but the laws about compulsory education apply to prevent school-aged children working during school hours.

 

Long service leave

The Tasmanian Long Service Leave Act applies to all award and non-award employers in Tasmania and was amended on 1 July 2012. It provides paid leave to employees in recognition of long and continuous service with the same employer.

 

Continuous service: Long service leave is based on years of continuous employment, meaning service that is not broken. Certain absences don’t interrupt continuity, including annual leave, long service leave, public holidays, sick leave, jury duty, and maternity leave (though maternity leave time doesn’t count toward service). Continuity also isn’t broken if employment ends and the employee is re-employed within three months, or six months if the break was due to lack of work.

 

Entitlement to long service leave: Both permanent employees and casual employees who work regularly for at least 32 hours in any four-week period are entitled to long service leave.

 

Casual employees and long service leave: Casual employees are no longer exempt from long service leave under the Pastoral Award 2020. From 1 January 2010, they began accruing this entitlement. Employers who were previously covered by the Pastoral Industry Award 1998 should seek advice from their state farming organisation.

If a business is sold or transferred and employees continue with the new employer, their long service leave entitlements also transfer. Special rules apply to transfers between related corporations, and legal advice should be obtained in such cases.

 

Amount of long service leave entitlement: From 1 July 2012, employees are entitled to 8⅔ weeks of paid long service leave after 10 years of continuous employment, and an additional 4⅓ weeks of paid leave for every further 5 years of continuous service.

 

Payment for long service leave: Long service leave is paid at the employee’s ordinary rate at the time the leave is taken, excluding overtime, penalties, and allowances. Shift premiums are included if they form part of regular work, and board and lodging count as remuneration if part of the employee’s residence. For employees with variable hours or pay, entitlements are averaged over the previous 12 months.

Payment can be made upfront, on regular pay days, or as otherwise agreed. Pay rate changes during leave don’t apply until the leave ends. If a public holiday falls during long service leave, the leave is extended by one day.

 

Taking long service leave: Long service leave must be taken as soon as practicable after it becomes due, considering the employer’s business needs. Unless both parties agree to split it, the leave must be taken in one continuous period. Employers and employees can agree to postpone or take long service leave in advance.

 

Cashing out long service leave: The employer and the employee can agree to cash out any accrued long service leave.  Employees can take a mixture of paid leave and cash.

 

Pro rata long service leave on termination of employment: Employees, including casual and part-time, are entitled to a pro rata payout of long service leave after seven but less than ten years of continuous service, calculated at 8⅔ weeks for every ten years. This applies if employment ends due to death, retirement, illness, incapacity, domestic or pressing necessity, or termination by the employer for reasons other than serious misconduct. Accrued long service leave must be paid on the day of termination.

 

Payment of long service leave on the death of an employee: If an employee dies before or during their long service leave, the employer must pay any outstanding entitlement to the employee’s personal representative. For service exceeding 10 years, payment is made at a rate of 1/60th of the additional continuous service. If the employee had between 7 and 10 years of continuous service, the same 1/60th rate applies for the total period worked.

 

Long service leave records: Employers must keep written, up-to-date long service leave records, which employees can inspect at reasonable times. Records must be maintained using the required form and transferred to the new employer if the business is sold and the employee continues their employment.

For more information on Long Service Leave in Tasmania visit Worksafe Tasmania – Long Service Leave or Long Service Leave Act 1976.

 

Residential tenancies laws

Tasmanian residential tenancy laws may apply to farm accommodation that isn’t part of a larger property lease. These laws set rules for ending tenancies, charging bonds or rent, and handling repairs and inspections, with penalties for breaches. While they protect both parties, notice periods can be difficult when housing is part of a remuneration package and employment ends—especially in cases of summary dismissal.

Tenancy laws usually don’t apply where no rent is charged, but if accommodation is included in a workplace agreement for the Better Off Overall Test (BOOT), it may be considered “for value” and covered by tenancy laws.

For more information on Tasmania’s residential tenancies laws, visit The rental guide | Service Tasmania. For more information on Accommodation visit Accommodation | The People in Dairy.