Document ID: chunk:federal_register_of_legislation:C2018C00106:section:34
Version: federal_register_of_legislation:C2018C00106
Segment Type: section
Provision Reference: s 34
Character Range: 36987–39266

34  Long service leave for employees with less than 10 years service
Note: This section provides that, in certain circumstances, a Newco body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.
 (1) This section applies to a person:
 (a) who became an employee of Newco on the sale day under section 8; and
 (b) whose period of service for the purposes of the Long Service Leave Act immediately before the sale day was less than 10 years.
 (2) This section does not apply in relation to an employee who stops being an employee of a Newco body by dying.
Note: Section 36 covers employees who die.
 (3) If, on and after the sale day, the employee continues to be employed by a Newco body until his or her combined service period is at least 10 years, the Newco body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subsection 37(1).
 (4) If:
 (a) the employee stops being an employee of a Newco 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 Newco body is at least one year;
the Newco body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subsection 37(1).
 (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the Newco body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.
 (6) Long service leave granted in the circumstances set out in subsection (4) is to be taken so as to end immediately before the employee stops being an employee.
 (7) For the purposes of this section, 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 3 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 "section 34 of the Moomba‑Sydney Pipeline System Sale Act 1994".