Document ID: chunk:federal_register_of_legislation:C2025C00150:section:113:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 113 (pt 2/2)
Character Range: 385095–386868

to an employee, the employee is entitled to long service leave in accordance with those terms.
 (5) There are applicable agreement‑derived long service leave terms, in relation to an employee if:
 (a) an order under subsection (6) is in operation in relation to terms of an instrument; and
 (b) those terms of the instrument would have applied to the employee immediately before the commencement of this Part if the employee had, at that time, been in his or her current circumstances of employment; and
 (c) there are no applicable award‑derived long service leave terms in relation to the employee.
 (6) If the FWC is satisfied that:
 (a) any of the following instruments that was in operation immediately before the commencement of this Part contained terms entitling employees to long service leave:
 (i) an enterprise agreement;
 (ii) a collective agreement;
 (iii) a pre‑reform certified agreement;
 (iv) an old IR agreement; and
 (b) those terms constituted a long service leave scheme that was applying in more than one State or Territory; and
 (c) the scheme, considered on an overall basis, is no less beneficial to the employees than the long service leave entitlements that would otherwise apply in relation to the employees under State and Territory laws;
the FWC may, on application by, or on behalf of, a person to whom the instrument applies, make an order that those terms of the instrument (and any terms that are ancillary or incidental to those terms) are applicable agreement‑derived long service leave terms.

References to instruments
 (7) References in this section to a kind of instrument (other than an enterprise agreement) are references to a transitional instrument of that kind, as continued in existence by Schedule 3 to the Transitional Act.