Document ID: chunk:federal_register_of_legislation:C2018C00042:clause:1_4
Version: federal_register_of_legislation:C2018C00042
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 76502–78799

4  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 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 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) If the employee continues to be employed by an airport‑lessee company after the employee's transfer time until his or her combined service period is at least 10 years, the company may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subclause 7(1).
 (4) If:
 (a) the employee stops being an employee of an airport‑lessee company on or after reaching the minimum retirement 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 company is at least one year;
the company may grant the employee long service leave on full salary for a period of up to the employee's long service leave credit under subclause 7(1).
 (5) If a period of long service leave may be granted to an employee under subclause (3) or (4), the company may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first‑mentioned period.
 (6) Long service leave granted in the circumstances set out in subclause (4) is to be taken so as to end immediately before the employee stops being an employee.
 (7) 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 the employee under section 20 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 "clause 4 of Schedule 1 to the Airports (Transitional) Act 1996".