Document ID: chunk:federal_register_of_legislation:C2018C00091:section:26:p1
Version: federal_register_of_legislation:C2018C00091
Segment Type: section
Provision Reference: s 26 (pt 1/4)
Character Range: 32567–35086

26  Transitional long service leave provisions relating to employees of Australian Airlines
 (1) If, immediately before 30 July 1995, the period of service of an employee of Australian Airlines, for the purposes of the Long Service Leave Act, is less than 10 years, then, if:
 (a) the employee continues to be employed by Qantas or a Qantas subsidiary (the employer) so that the employee's period of service is at least 10 years; or
 (b) the employee is to cease to be an employee of the employer, otherwise than because of the employee's death, on or after the employee reaches the minimum retiring age and the employee's period of service with the employer is not less than one year; or
 (c) the employee is to cease to be an employee of the employer because of retrenchment and the employee's period of service with the employer is not less than one year;
the employer may, at any time, grant the employee long service leave on full salary for a period not exceeding the employee's long service leave credit under subsection (3) at that time.
 (2) Subject to subsections (6) and (7), if, immediately before 30 July 1995, the period of service of an employee of Australian Airlines, for the purposes of the Long Service Leave Act, is less than 10 years, then, if:
 (a) the employee ceases to be an employee of the employer, otherwise than because of the death of the employee, on or after the employee reaches the minimum retiring age and the employee's period of service with the employer is not less than one year; or
 (b) the employee ceases to be an employee of the employer because of retrenchment and the employee's period of service with the employer before the employee ceases to be an employee is not less than one year; or
 (c) the employee ceases to be an employee of the employer and satisfies the employer that the employee's so ceasing is because of ill health of such a nature as to justify his or her so ceasing and the employee's period of service with the employer is not less than one year; or
 (d) the employee ceases to be an employee of the employer on or after the day on which the employee's period of service reaches 10 years;
the employer must make a payment to the employee of an amount equal to the amount of full salary that would be payable to the employee for a period of long service leave equal to the period of the employee's long service leave credit under subsection (3A) immediately before the employee ceases to be an employee as if salary were payable to the employee in respect