(1) This section applies to a transferring employee whose period of service
for the purposes of the Long Service Leave Act immediately before the
conversion time was less than 10 years.
(2) This section does not apply in relation to an employee who dies.
(3) If the employee stops being an employee of Dairy Australia Limited on or
after the day on which his or her combined service period reaches 10 years,
Dairy Australia Limited must pay him or her an amount equal to full salary in
respect of his or her long service leave credit under subsection 36(2).
(4) If:
- (a)
- the employee stops being an employee of Dairy Australia Limited,
on or after reaching the minimum retiring age, or because of retrenchment; and
- (b)
- at that time the employee's combined service period is at least one year;
Dairy Australia Limited must pay him or her an amount equal to full salary in
respect of his or her long service leave credit under subsection 36(2).
(5) If:
- (a)
- the employee stops being an employee of Dairy Australia Limited;
and
- (b)
- Dairy Australia Limited is satisfied that the employee left Dairy
Australia Limited's employment because of ill-health that justified his or her
so leaving; and
- (c)
- when the employee left, his or her combined service period was at least
one year;
Dairy Australia Limited must pay him or her an amount equal to full salary in
respect of his or her long service leave credit under subsection 36(2).
(6) 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 apply to the
employee under section 21 of the Long Service Leave Act if:
- (a)
- that
section applied to the employee; and
- (b)
- for the expression "sections 16 and 17" in that section there were
substituted the expression " section 34 of the Dairy Industry Service
Reform Act 2003 ".
Commonwealth Numbered Acts