Document ID: chunk:federal_register_of_legislation:C2009C00387:clause:5_38
Version: federal_register_of_legislation:C2009C00387
Segment Type: clause
Provision Reference: sch 5 cl 38
Character Range: 40494–42589

38  Long service leave for employees with less than 10 years service

(1) This item applies in relation to a person:
 (a) who became an employee of a prescribed industry body at the commencement time; and
 (b) whose period of service for the purposes of the Long Service Leave Act immediately before the commencement time was less than 10 years.

(2) This item does not apply in relation to an employee of a prescribed industry body who dies.

(3) If, after the commencement time, the employee continues to be employed by a prescribed industry body until his or her combined service period is at least 10 years, the body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subitem 41(1).

(4) If:
 (a) the employee stops being an employee of a prescribed industry body on or after reaching the minimum retiring age, or because of retrenchment; and
 (b) the employee's combined service period at the time when he or she stops being an employee of the body is at least one year;
the body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subitem 41(1).

(5) If a period of long service leave may be granted to an employee under subitem (3) or (4), the relevant body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.

(6) Long service leave granted in the circumstances set out in subitem (4) must be taken so as to end immediately before the employee stops being an employee.

(7) For the purposes of this item, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:
 (a) that section applied to the employee; and
 (b) for the expression "section 16 or 17" in that section there were substituted the expression "item 38 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997".