Industrial Relations Act 2016

If a declared employee was, immediately before the relevant day, taking a period of leave under the old federal instrument or under the Commonwealth Fair Work Act, the employee is entitled to continue on that leave under the new State instrument or this Act for the remainder of the period.

If a declared employee has, before the relevant day, taken a step under the old federal instrument or the Commonwealth Fair Work Act that the employee is required to take so the employee can, from the relevant day, take a period of leave under the old federal instrument or the Commonwealth Fair Work Act, the employee is taken to have taken the step under the new State instrument or this Act.

A regulation may deal with other matters relating to how a new State instrument applies to leave that, immediately before the relevant day, is being, or is to be, taken by a declared employee under the old federal instrument or the Commonwealth Fair Work Act.