The conditions relating to annual leave and long service leave are regulated by two separate pieces of legislation – the Fair Work Act (FWAct) with respect to annual leave, however, long service leave will depend on the relevant state or territory long service leave legislation.
 

Annual Leave

Annual leave – National Employment Standard (NES)

In the absence of a specific provision in the FWAct on this issue, an employee is able to work for another employer while on a period of annual leave, provided the work performed with the second employer does not conflict in any way with the business interests of the first employer. The NES does not imply any control by the first employer over the activities of an employee while on annual leave.
 

Long Service Leave

Preventing an employee from working for another employer during an absence on long service leave will depend on the relevant state or territory long service leave legislation. The following statutes prohibit an employee from working for another employer during a period of long service leave:

  • Long Service Leave Act (s16) [NT]

  • Long Service Leave Act 1987 (s14) [SA]

  • Long Service Leave Act 1958 (s27) [WA]

  • Long Service Leave Act 1992 [Vic]

Under the Victorian legislation (s78), it is an offence to work while on long service leave or to employ someone who is on long service leave. However, where an employee has more than one job (for example, two part-time jobs), the situation may differ. If such an employee takes long service leave from one of their part-time jobs (Job A), they may continue to work in the other part-time job (Job B). However, while they are on long service leave from Job A, they must not work for Job B during the hours for which they would otherwise work for Job A and for which they are being paid long service leave by Job B.

The following statutes do NOT prohibit an employee from working for another employer during a period of long service leave:

  • Long Service Leave Act 1976 [ ACT]

  • Long Service Leave Act 1955 [NSW]

  • Industrial Relations Act 1999 – Part 3 [Qld]