Document ID: chunk:federal_register_of_legislation:F2022C00062:clause:1_131c
Version: federal_register_of_legislation:F2022C00062
Segment Type: clause
Provision Reference: sch 1 cl 131C
Character Range: 10377–12213

131C  Paid annual leave accrued immediately before 1 July 2016
 (1) The provisions of the National Employment Standards relating to taking of paid annual leave (including rates of pay while taking leave), or cashing out that kind of leave, apply, as a minimum standard, to paid annual leave that:
 (a) accrued before 1 July 2016 for Norfolk Island employment that continued on that day; and
 (b) had not been taken or cashed out before 1 July 2016;
as if it were paid annual leave that had accrued under the National Employment Standards.
 (2) In addition to any paid annual leave that an employee actually accrued before 1 July 2016 for particular Norfolk Island employment that continued on that day, the employee is taken for the purposes of subsection (1) to have accrued before 1 July 2016 for that employment the number of days of paid annual leave worked out using the following formula:
 (3) For the purposes of subsection (2), the period:
 (a) starts at the start of:
 (i) the most recent anniversary (before 1 July 2016) of the day the employee started the employment; or
 (ii) if the employment started on or after 1 July 2015—the day the employment started; and
 (b) ends at the end of 30 June 2016.
However, the period does not include any days for which the employee actually (ignoring subsection (2)) accrued paid annual leave before 1 July 2016.

Leave paid for before 1 July 2016 and taken on or after that day
 (4) If, before 1 July 2016, an employer of an employee in Norfolk Island employment paid the employee the employee's full entitlement to payment for a period of paid annual leave that accrued before that day and was to be taken on or after that day, the National Employment Standards do not apply to require the employer to pay the employee any more for that leave. This has effect despite subsection (1).