2011 Transitional Arrangements
Schedule 3 2011 Transitional Arrangements
Section 27
1. Interpretation
In this Schedule –
employee means an employee who is not a mining employee;
intermediate continuing employee, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for 9 or more years, but less than 12 years;
long-term continuing employee, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for 12 or more years;
new continuing employee, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for less than 9 years;
new long service leave entitlements means the long service leave entitlements available to and in respect of employees under this Act as amended by the Long Service Leave Amendment Act 2011;
old long service leave entitlements means the long service leave entitlements available to and in respect of employees under this Act immediately before the 2011 transition day;
2011 transition day means the day on which the Long Service Leave Amendment Act 2011 commences;
2011 transition period means the 12-month period commencing on the 2011 transition day.
employee means an employee who is not a mining employee;
employee
intermediate continuing employee
, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for 9 or more years, but less than 12 years;
intermediate continuing employee
long-term continuing employee
, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for 12 or more years;
long-term continuing employee
new continuing employee
, of an employer, means an employee who, immediately before the 2011 transition day, had been in continuous employment with the employer for less than 9 years;
new continuing employee
new long service leave entitlements means the long service leave entitlements available to and in respect of employees under this Act as amended by the Long Service Leave Amendment Act 2011;
new long service leave entitlements
old long service leave entitlements means the long service leave entitlements available to and in respect of employees under this Act immediately before the 2011 transition day;
old long service leave entitlements
2011 transition day means the day on which the Long Service Leave Amendment Act 2011 commences;
2011 transition day
2011 transition period means the 12-month period commencing on the 2011 transition day.
2011 transition period
This Schedule prevails over section 8(2) and section 9(2).
2. Transitional arrangements
In their application to a new continuing employee or long-term continuing employee of an employer, the new long service entitlements take effect in all respects on the 2011 transition day.
In their application to an intermediate continuing employee of an employer, the new long service entitlements take effect on the 2011 transition day, including the entitlements under section 9(2), but the intermediate continuing employee may not actually take or be granted long service leave under the new long service leave entitlements before the 2011 transition period expires.
However, nothing in subclause (2) is to be taken as preventing an intermediate continuing employee of an employer from applying, during the 2011 transition period, for long service leave under the new long service leave entitlements if the application is in respect of long service leave that would be taken after the 2011 transition period expires.
To avoid doubt, an employee who has exhausted his or her old long service leave entitlements in respect of any period of continuous employment is not entitled to any further long service leave in respect of that period of continuous employment (or any part of it) under the new long service entitlements.
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