QANTAS SALE ACT 1992 - SECT 26 Transitional long service leave provisions relating to employees of Australian Airlines

QANTAS SALE ACT 1992 - SECT 26

  (1)   If, immediately before 30   July 1995 , the period of service of an employee of Australian Airlines, for the purposes of the Long Service Leave Act, is less than 10 years, then, if:

  (a)   the employee continues to be employed by Qantas or a Qantas subsidiary ( the employer ) so that the employee's period of service is at least 10 years; or

  (b)   the employee is to cease to be an employee of the employer, otherwise than because of the employee's death, on or after the employee reaches the minimum retiring age and the employee's period of service with the employer is not less than one year; or

  (c)   the employee is to cease to be an employee of the employer because of retrenchment and the employee's period of service with the employer is not less than one year;

the employer may, at any time, grant the employee long service leave on full salary for a period not exceeding the employee's long service leave credit under subsection   ( 3) at that time.

  (2)   Subject to subsections   ( 6) and (7), if, immediately before 30   July 1995 , the period of service of an employee of Australian Airlines, for the purposes of the Long Service Leave Act, is less than 10 years, then, if:

  (a)   the employee ceases to be an employee of the employer, otherwise than because of the death of the employee, on or after the employee reaches the minimum retiring age and the employee's period of service with the employer is not less than one year; or

  (b)   the employee ceases to be an employee of the employer because of retrenchment and the employee's period of service with the employer before the employee ceases to be an employee is not less than one year; or

  (c)   the employee ceases to be an employee of the employer and satisfies the employer that the employee's so ceasing is because of ill health of such a nature as to justify his or her so ceasing and the employee's period of service with the employer is not less than one year; or

  (d)   the employee ceases to be an employee of the employer on or after the day on which the employee's period of service reaches 10 years;

the employer must make a payment to the employee of an amount equal to the amount of full salary that would be payable to the employee for a period of long service leave equal to the period of the employee's long service leave credit under subsection   ( 3A) immediately before the employee ceases to be an employee as if salary were payable to the employee in respect of that period.

  (3)   For the purposes of subsection   ( 1), 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:

  (a)   beginning when the employee started his or her period of service; and

  (b)   ending immediately before 30   July 1995 ;

if it were assumed that the employee had been retrenched immediately before 30   July 1995 .

  (3A)   For the purposes of subsection   ( 2), an employee's long service leave credit is the employee's long service leave credit worked out under subsection   ( 3), reduced by any long service leave credit used under subsection   ( 1).

  (4)   Long service leave granted in the circumstances set out in paragraph   ( 1)(b) or (c) is to be taken so as to expire immediately before the employee is to cease to be an employee.

  (5)   If a period of long service leave may be granted to an employee under subsection   ( 1), the employer may, at the request of the employee, grant the employee long service leave on half salary for a period not exceeding twice that first - mentioned period.

  (6)   Subsection   ( 2) does not apply to an employee who, by written notice given to his or her employer before the employee ceases to be an employee, requests the employer not to make a payment to the employee under that subsection.

  (7)   If an employee by written notice given to his or her employer before the employee ceases to be an employee, requests the employer to make a payment to him or her, on ceasing to be an employee, of a specified amount that is less than the amount that, apart from this subsection, would be payable to the employee under subsection   ( 2), the employer must not make a payment of an amount greater than the specified amount.

  (8)   If:

  (a)   immediately before 30   July 1995 , the period of service of an employee of the employer, for the purposes of the Long Service Leave Act, is less than 10 years; and

  (b)   the employee dies and the employee's period of service with the employer before the employee's death is not less than one year;

the employer must authorise payment to a dependant of the employee of an amount equal to, or to 2 or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under subsection   ( 2) if the employee had, on the day on which the employee died, ceased to be an employee, otherwise than because of the employee's death, on or after reaching the minimum retiring age.

  (9)   If subsection   ( 8) applies, section   23 of the Long Service Leave Act has effect as if:

  (a)   that section applied to an employee of Qantas or a Qantas subsidiary; and

  (b)   a reference in that section to the approving authority were a reference to Qantas or a Qantas subsidiary; and

  (c)   for the expression in that section "for the purposes of this Act" there were substituted the expression "for the purposes of section   26 of the Qantas Sale Act 1992 "; and

  (d)   for the expression in subsection   23(1) of the Long Service Leave Act "this Act" there were substituted the expression "section   26 of the Qantas Sale Act 1992 "; and

  (e)   for the expression in subsections   23(2) and (3) of the Long Service Leave Act "subsection   16(7) or 17(5)" there were substituted the expression "subsection   26(8) of the Qantas Sale Act 1992 "; and

  (f)   for the expression in subsection   23(4) of the Long Service Leave Act "an amount is payable under this Act" there were substituted the expression "an amount is payable under section   26 of the Qantas Sale Act 1992 ".

  (10)   For the purposes of subsection   ( 1), the rate of salary to be used in working out the full salary of an employee is the rate applicable to the employee under section   20 of the Long Service Leave Act as if:

  (a)   that section applied to the employee; and

  (b)   for the expression in that section "section   16 or 17" there were substituted the expression "subsection   26(1) of the Qantas Sale Act 1992 ".

  (11)   For the purposes of subsection   ( 2), the rate of salary to be used in working out the full salary of an employee is the rate applicable to the employee under section   21 of the Long Service Leave Act as if:

  (a)   that section applied to the employee; and

  (b)   for the expression in that section "section   16 or 17" there were substituted the expression "subsection   26(2) of the Qantas Sale Act 1992 ".

  (12)   To avoid doubt, it is declared that this section does not affect an employee's post - sale long service leave rights.

  (13)   Unless the contrary intention appears, expressions used in this section and in the Long Service Leave Act have the same respective meanings as in that Act.

  (14)   In this section:

"employee" includes a person employed in a full - time or part - time capacity.

"law" means:

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

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

"post-sale long service leave rights" , in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) after the commencement of this section.