Commonwealth Consolidated Regulations

FINANCIAL MANAGEMENT AND ACCOUNTABILITY REGULATIONS 1997 - REG 33

         (1)   Within 30 days of the receipt of a correctly rendered invoice from the new employer, the old employer must pay to the new employer an amount equal to the sum of the value, worked out on the basis of the employee's salary immediately before leaving the old employer, of:

                (a)    the employee's annual leave entitlement at that time; and

               (b)    95% of the employee's long service leave entitlement at that time.

Note    Where, for example, an employee has moved from the old employer to the new employer for a short period (and will be returning to the old employer), the employers may agree that it is not efficient for the new employer to send an invoice and for the old employer to pay an amount under this regulation (as long as the employee will not be deprived of access to relevant leave).

         (2)    In subregulation (1):

long service leave entitlement , for an employee, means:

                (a)    the period of long service leave to which the employee is legally entitled; or

               (b)    if the employee is not legally entitled to any long service leave -- the amount worked out by multiplying the notional amount of long service leave to which the employee is entitled for a year of service by the weighting factor set out in the following table that applies to the number of years of service the employee has completed.