Document ID: chunk:federal_register_of_legislation:C2009C00387:clause:5_39
Version: federal_register_of_legislation:C2009C00387
Segment Type: clause
Provision Reference: sch 5 cl 39
Character Range: 42589–44617

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

(1) This item applies to a person:
 (a) who became an employee of a prescribed industry body at the commencement time; and
 (b) whose period of service for the purposes of the Long Service Leave Act immediately before the commencement time was less than 10 years.

(2) This item does not apply in relation to an employee of a prescribed industry body who dies.

(3) If the employee stops being an employee of a prescribed industry body on or after the day on which his or her combined service period reaches 10 years, the body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).

(4) If:
 (a) the employee stops being an employee of a prescribed industry body, 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 body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).

(5) If:
 (a) the employee stops being an employee of a prescribed industry body; and
 (b) the body is satisfied that the employee left the body's employment 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 body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).

(6) For the purposes of this item, 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 21 of the Long Service Leave Act if:
 (a) that section applied to the employee; and
 (b) for the expression "sections 16 and 17" in that section there were substituted the expression "item 39 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997".