Document ID: chunk:federal_register_of_legislation:F2022C00062:clause:1_131a
Version: federal_register_of_legislation:F2022C00062
Segment Type: clause
Provision Reference: sch 1 cl 131A
Character Range: 7365–9185

131A  Counting service before 1 July 2016 for non‑accruing entitlements

General rule
 (1) An employee's service in Norfolk Island employment with an employer before 1 July 2016 counts as service of the employee with the employer for the purpose of determining the employee's entitlements under the National Employment Standards, other than entitlements to:
 (a) paid annual leave; and
 (b) paid personal/carer's leave; and
 (c) notice of termination or payment in lieu of notice.
Note 1: References to the National Employment Standards include a reference to the extended parental leave provisions and the extended notice of termination provisions (see sections 746 and 761).
Note 2: Interaction between the National Employment Standards and transitional NI instruments under Schedule 1A is dealt with in that Schedule.
Note 3: Entitlements to paid annual leave, paid personal/carer's leave and notice of termination or payment in lieu of notice are dealt with in section 131B and Subdivision B.

No double entitlement
 (2) If, before 1 July 2016, the employee has already had the benefit of an entitlement, the amount of which was calculated by reference to a period of service, subsection (1) 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 National Employment Standards.

Limitation on application of general rule to redundancy pay
 (3) Subsection (1) does not apply in relation to an employee and an employer for the purposes of Subdivision B of Division 11 of the National Employment Standards (which deals with redundancy pay) if the terms and conditions of employment that applied to the employee's employment by the employer immediately before 1 July 2016 did not provide for an entitlement to redundancy pay.