Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:4_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 4 cl 5
Character Range: 196635–198473

5  Non‑accruing entitlements: counting service before the FW (safety net provisions) commencement day

General rule
(1) An employee's service with an employer before the FW (safety net provisions) commencement day 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.
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 of the FW Act).
Note 2: Interaction between the National Employment Standards and transitional instruments is dealt with in Division 1 of Part 5 of Schedule 3.

No double entitlement
(2) If, before the FW (safety net provisions) commencement day, the employee has already had the benefit of an entitlement, the amount of which was calculated by reference to a period of service, subitem (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.
(3) To avoid doubt, subitem (2) does not require an employee to serve any initial qualifying period of service for long service leave again.

Limitation on application of general rule to redundancy pay
(4) Subitem (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 the FW (safety net provisions) commencement day did not provide for an entitlement to redundancy pay.