Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:1_34
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 24361–25502

34  Application of items 21 and 26—annual leave

(1) The amendments of the Principal Act made by items 21 and 26 (except the insertion of clause 1E of Schedule 1A) apply to the calculation of an employee's annual leave in respect of:
 (a) the first year of the employee's employment that commences on or after the commencing day; and
 (b) each subsequent year of the employee's employment.

(2) For the purpose of the application of subitem (1) to an employee engaged before the commencing day and continuing in that employment on that day, the reference in paragraph (1)(a) to the first year of the employee's employment that commences after the commencing day is a reference to the year commencing on the first anniversary of that engagement occurring on or after that day.

(3) The rule in subitem (1) applies even if an employee only works part of a year.

(4) To avoid doubt, the amendments made by items 21 and 26 do not affect any annual leave accumulated by an employee under Schedule 1A of the Principal Act before the commencing day.

(5) In this item:
commencing day means the day that items 21 and 26 of this Schedule commence.