Many apprentices learn their trade from a certain employer, then go on to accept a position for that employer once they finish their training. In some cases, the apprentice might take a break after finishing their training and take several months off before beginning work. The question is: would an apprentice’s years of training be counted towards long service leave, even if they took a few months off in between training and permanent work? 

 

Do apprenticeship years count?

As each state and territory has its own long service leave legislation, it will depend on the region as to exactly how years are counted.

For example, under Victorian legislation, an employee is entitled to pro rata long service leave on termination after seven years’ continuous service if the employee resigns. The issue is whether the period between the completion of the apprenticeship and the employee’s re-employment as a tradesperson has broken continuity of service for the purpose of calculating long service leave.

It is presumed that the apprenticeship was served with the company and not a group training company. If the apprenticeship was served in the building and construction industry, the relevant portable long service payments scheme may apply.


Victoria

The Victorian legislation provides that if an employer has an apprentice who is employed by the same employer within 12 months’ after completion of that apprenticeship, then the time of their apprenticeship is counted for the period of employment with that employer.

If the employee trained with a group training provider, the time the apprentice has spent employed with the group training company will only be considered continuous employment where the group training company and the host employer are related in a way prescribed in the Victorian Long Service Leave Act.

 

Australian Capital Territory

The period of apprenticeship counts as service if re-employed by the same employer within one year of completion of the apprenticeship.

 

New South Wales

The period of apprenticeship counts as service if re-employed by the same employer within 12 months’ of completion of the apprenticeship. 

 

Northern Territory 

The period of apprenticeship counts as service if re-employed by the same employer within 12 months’ of completion of the apprenticeship.

 

Queensland

The period of apprenticeship counts as service if re-employed by the same employer within 3 months’ of completion of the apprenticeship.

 

South Australia

The period of apprenticeship counts as service if re-employed by the same employer within 12 months’ of completion of the apprenticeship.

 

Tasmania

The period of apprenticeship counts as service if re-employed by the same employer within 3 months’ of completion of the apprenticeship.

 

Western Australia

There is no provision for a break in long service leave. However, previous service counts where terminated by the employer and re-employed within 2 months’ from date of termination.

 

Construction and long service leave apprenticeships

It should be noted that an employee employed in the building and construction industry may be covered by the relevant state or territory long service payments scheme, or the long service leave legislation, or both. This would include any time served as an apprentice.

 

The bottom line

Generally, service as an apprentice will count when calculating total service, provided the employee is re-employed within the period specified by the relevant state or territory long service leave legislation.