s113: s 113 Long service leave under applicable award-derived or agreement-derived terms
An employee is entitled to long service leave under the applicable award-derived long service leave terms (terms of a pre-2010 award that would have applied) or agreement-derived terms under an FWC order; otherwise State and Territory long service leave laws apply. An enterprise agreement may in limited cases discount service under prior agreements that excluded long service leave (s 113A).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s113. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Assessment of which long service leave source applies (award-derived terms, agreement-derived terms or State or Territory law) for each employee group; Long service leave accrual and liability reports; Payout calculations on termination under the applicable law
What usually goes missing
Wrong State law applied to employees working interstate; Casual service omitted from long service leave calculations where the law counts it; Pro rata entitlements on termination missed
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.