Can you work another job while on long service leave?

The rule in each state

Victoria: an offence for both sides

In Victoria, you must not work for hire or reward in relation to the hours in which you take long service leave (s 35(1)). Also, a person must not knowingly employ someone for those hours (s 35(2)). Wage Inspectorate Victoria says that it is an offence to work while you are on long service leave. It is also an offence to employ someone who is on it.

WA: you can lose the leave

In WA, you must not take paid employment in substitution for the job that you are on leave from (s 27(1)). If you do, you forfeit the right to the unexpired part of the leave. Your employer can withhold any further payment for that period. Your employer can also reclaim payments that it already made for that period (s 27(2)).

This is a loss of entitlement, not a fine. The WA guide says that this may cause you to forfeit your leave and repay wages for leave that you already took.

SA and the NT: offences

In SA, you must not engage in any other employment in place of the job in which the leave accrued (s 14(1)). The maximum penalty is $1,000. An employer who knows that you are on long service leave must not engage you so that you break that rule (s 14(2)). The penalty for the employer is also up to $1,000.

SafeWork SA's guide gives the example of Tony, a hairdresser on leave. Tony works for the barber shop of a friend. Both are in breach.

In the NT, you must not engage in other paid employment that has a certain type of duties (s 16). These are duties of a kind that you perform in the job that you are on leave from. If you break any provision of the Act, this is an offence (s 18(1)). The maximum penalty is 8 penalty units or imprisonment for 6 months.

If you already have two jobs

In Victoria, WA and SA, the regulators say that you can usually keep a second job that you already have. You can do this if you do not work in the second job during the hours of the job that you are on leave from.

Wage Inspectorate Victoria gives the example of Cam. Cam works at a newsagent Monday to Wednesday and at a hotel on Fridays and Saturdays. When he is on long service leave from the newsagent, he can continue to work Fridays and Saturdays at the hotel. But he cannot work there Monday to Wednesday.

SafeWork SA's guide gives a similar example, Sienna. The WA guide says that other existing jobs are generally not in substitution for the job that you are on leave from.

SafeWork SA's FAQs go further. Full-time workers generally cannot work in an additional job, but they may work on days that are normally their weekend. Part-time workers can work on days or hours that they do not usually work. Casuals get pay for an average number of hours. So it would be unreasonable for them to work more than those hours elsewhere.

Where the Act is silent

In NSW, Queensland, Tasmania and the ACT, the long service leave Act does not ban work elsewhere. NSW Industrial Relations says that the intent of long service leave is rest and recuperation. It suggests that you check whether your employer has a policy on this. An older Workplace Standards Tasmania guide says that the Tasmanian Act does not prohibit work for another employer while you are on leave.

Your contract, enterprise agreement or workplace policy can still restrict second jobs, including during leave. Check these documents before you start other work. If you are not sure, ask your state regulator. For a dispute, ask an employment lawyer.