Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_14
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 14
Character Range: 76903–78311

14  Non‑accruing entitlements: counting service under the source award or source agreement

General rule
(1) Subitem (2) applies for the purpose of determining the entitlements of a Division 2B State reference employee under a Division 2B State instrument (other than an entitlement to leave of a kind to which item 15 applies).
(2) Service of the employee with an employer before the Division 2B referral commencement that counted for the purpose of the application to the employee of the source award or source agreement also counts as service of the employee with the employer for the purpose of the application to the employee of the Division 2B State instrument.

No double entitlement
(3) If, before the Division 2B referral commencement, the employee has already had the benefit of an entitlement, the amount of which was calculated by reference to a period of service, subitem (2) does not result in that period of service with the employer being counted again when calculating the employee's entitlements of that kind under the Division 2B State instrument.
(4) To avoid doubt, subitem (3) does not require an employee to serve any initial qualifying period of service for long service leave again.
Note: For how the kinds of matters covered by this item and items 15 and 16 are dealt with in relation to entitlements under the National Employment Standards, see Division 2 of Part 3 of Schedule 4.