Document ID: chunk:federal_register_of_legislation:C2018C00042:clause:1_5:p1
Version: federal_register_of_legislation:C2018C00042
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 78799–81342

5  Payments in lieu of long service leave for employees with less than 10 years service

      Summary of clause
      This clause provides that, in certain circumstances, an airport‑lessee company must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under clause 4.
 (1) This clause applies in relation to an employee if, at the employee's transfer time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.
 (2) This clause does not apply in relation to an employee who dies while in the employment of an airport‑lessee company. Clause 6 covers such employees.
 (3) Subject to subclause (6), if the employee stops being an employee of an airport‑lessee company on or after the day on which his or her combined service period reaches 10 years, the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
 (4) Subject to subclause (6), if:
 (a) at a particular time, the employee stops being an employee of an airport‑lessee company on or after reaching the minimum retiring age, or because of retrenchment; and
 (b) at that time, the employee's combined service period is at least one year;
the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
 (5) Subject to subclause (6), if:
 (a) the employee stops being an employee of an airport‑lessee company; and
 (b) the company is satisfied that the employee left the company because of ill‑health that justified his or her so leaving; and
 (c) when the employee left, his or her combined service period was at least one year;
the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
 (6) An employee may, by written notice given to an airport‑lessee company before the employee stops being an employee of the company:
 (a) request the company not to make a payment to the employee under this clause; or
 (b) request the company to make a payment under subclause (3), (4) or (5) of a stated amount that is less than the amount that would otherwise be payable under that subclause.
 (7) The company must comply with a request made under subclause (6).
 (8) For the purposes of this clause, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to