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COMMONWEALTHAct
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s 37

Employees reaching minimum retiring age or being retrenched

In force
Part 3Sale of CFM bodies
Division 2Long service leave
Subdivision 2CPayments in lieu of long service leave

37 Employees reaching minimum retiring age or being retrenched

Subject to section 39, a CFM body or a related body must pay an employee an amount equal to full salary in respect of his or her long service leave credit under subsection 43(2) if:

(a)

the employee was an employee of the CFM body immediately before the body’s sale day; and

(b)

at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years; and

(c)

from and after the body’s sale day, the employee continued to be employed by the CFM body or a related body; and

(d)

the employee stopped being an employee of the CFM body or a related body, on or after reaching the minimum retiring age, or because of retrenchment; and

(e)

the employee’s combined service period at the time when he or she stopped being an employee of the CFM body or a related body was at least one year.

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