CSL Sale Act 1993

Part 1 and sections 7 and 47 commence on the day on which this Act receives the Royal Assent.

Sections 8 to 46 (inclusive) and sections 48 to 53 (inclusive) commence on the sale day.

Sections 5 and 6 are taken to have commenced on 22 February 1991.

If a provision of this Act has not commenced before 31 December 1994, the provision is taken to have been repealed on that day.

In this Act, unless the contrary intention appears:

For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.

The Finance Minister must, by notice in the Gazette, declare the day described in subsection (2) to be the sale day.

The day to be specified in the notice is the day that, in the opinion of the Finance Minister, is the first day after the commencement of this Part on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.

The notice must be published within 14 days after the specified day.

Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.

In this Division:

the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and

the period starting on the sale day during which the employee continues to be an employee of a CSL body.

a law of the Commonwealth or of a State or Territory; or

regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.

This section provides that, in certain circumstances, a CSL body 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.

This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.

If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 19(1).

If:

the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and

the employee’s combined service period at the time when he or she stops being an employee of the CSL body is at least one year;

If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first‑mentioned period.

Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.

For the purposes of this section, 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 as if:

that section applied to the employee; and

for the expression “section 16 or 17” in that section there were substituted the expression “section 16 of the CSL Sale Act 1993”.

This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.

This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.

Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).

Subject to subsection (7), if:

the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and

at that time the employee’s combined service period is at least one year;

Subject to subsection (7), if:

the employee stops being an employee of a CSL body; and

the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and

when the employee left, his or her combined service period was at least one year;

An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:

ask the CSL body not to make a payment to the employee under this section; or

ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.

The CSL body must comply with the request made under subsection (7).

For the purposes of this section, 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 21 of the Long Service Leave Act if:

that section applied to the employee; and

for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.

This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

If, on or after the sale day, the employee died and immediately before his or her death:

the employee was an employee of a CSL body; and

the employee’s combined service period was at least one year; and

the employee had one or more dependants;

The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.

If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

that section applied to an employee of a CSL body; and

a reference in that section to the approving authority were a reference to the CSL body; and

the section were further modified as set out in the following table:

For the purposes of section 16, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:

starting when the employee started his or her period of service; and

ending on the sale day;

For the purposes of section 17, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.

despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee’s accrued rights under that Act continue; and

that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.