Certified LSL Agreement

The Certified Long Service Agreement (2002) is available for downloading  here. 

On 6 December 2002, the Australian Industrial Relations Commission certified 16 agreements between each of the AFL clubs and AFL players in relation to long service leave ("LSL").

This overview 

-  addresses the operation of the LSL Agreements;

 - does not address the treatment of existing long service leave entitlements accrued up to 6 December 2002 under state-based legislation. 

Under the LSL Agreement, existing or accrued claims for current AFL players should already have been resolved between you and your AFL club by offsetting additional leave taken against LSL accrued.  If this is not the case you should contact the AFLPA.

Prepared by Leigh Johns, Senior Associate, Mallesons Stephen Jaques.  This overview is intended to provide a general outline and is not intended to be and is not a complete or definitive statement of the law on the subject matter.  Further professional advice should be sought before any action is taken in relation to the matters described in this overview.

What is the LSL agreement about?

Amongst other things, the LSL agreement:
- makes provision for a consistent approach to future long service leave across all AFL clubs; and
 - excludes the operation of state-based LSL legislation.

The AFLPA endorsed the LSL agreement as an appropriate mechanism for the future management of AFL Players' long service leave.

Does the LSL agreement apply to me?

The LSL agreement applies to players who were an AFL player on 6 December 2002 and all who commenced playing AFL after that date.

However, you must have been on an AFL list of one or more AFL clubs for a continuous period of more than four years before you can start taking LSL.

How much long service leave do I get?

AFL players are entitled to and must take the following LSL entitlements:
-  if the AFL player has been on an AFL list for a continuous period of more than four years but less than eight years, one week LSL each year;
 - if the AFL player has been on an AFL list for more than eight years, two weeks LSL each year.

LSL is in addition to leave prescribed in the Collective Bargaining Agreement.

When do I have to take my LSL leave?

LSL is to be taken at a time agreed between you and your AFL club and must be taken in one week periods (not single days), unless that is impracticable.

If agreement cannot be reached, an AFL club can direct an AFL Player to take LSL with 21 days written notice.

My AFL club has asked me to attend a training session during my LSL.  Do I have to attend?

No.  LSL is an AFL activity-free period.  Your AFL club cannot require you to attend training or any other AFL club activity.

Am I entitled to LSL if I changed clubs at the end of the 2002 season?

The LSL Agreement provides that an "AFL player's service as a football player is continuous with and portable between any AFL club."

Accordingly, your service with your previous AFL club should count when determining whether you have met the four year and eight year continuous service limits.

What happens if I change clubs in coming years?

As stated above service with an AFL club is portable across clubs.  This is a very important feature of the LSL agreement and a major benefit that would not otherwise be available to AFL players under state LSL legislation.

Accordingly, your service with any AFL club will be counted as continuous service for the purpose of determining whether you have met the four year or eight year continuous service limits for future LSL.

In respect of any accrued entitlement to LSL, you should take this matter up with your current AFL club.  An accrued entitlement would arise if you have not been given the leave you are entitled to under the LSL Agreement.  If this is the case then, when your contract with your current AFL club ceases, you should ask your current AFL club to make a payment to you in lieu of having not been given leave. The rate of payment of the leave is as set out below.

What happens when I stop playing footy?

The purpose of:
-  having AFL players and AFL clubs agree upon accrued LSL entitlements; and
 - requiring AFL players to take LSL each year,

is to ensure that, when an AFL player stops playing footy they have used up all of their LSL entitlement.

In order to ensure that there are no disputes about accrued LSL at the end of your career it is very important that you maintain and keep accurate records of when you take LSL.

However, it may be the case that when an AFL player retires they have an accrued entitlement to LSL.  If this is the case then the AFL player is entitled to be paid out the accrued LSL entitlement.  LSL is paid out at the rate of your average weekly payments over the previous 12 months.  There is a particular procedure for claiming entitlements under a certified agreement which will apply to long service leave claims.  There is also a limitations period within which a claim must be made.  Accordingly, if you have a claim which cannot be resolved with your AFL club, you should promptly seek independent legal advice about the recovery of your entitlement.