Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 34

34. (1) This section applies to a person:

   (a)  who became an employee of Newco on the sale day under section 8; and

   (b)  whose period of service for the purposes of the Long Service Leave Act
        immediately before the sale day was less than 10 years. Note: This
        section provides that, in certain circumstances, a Newco body may
        grant long service leave to an employee whose period of service for
        the purposes of the Long Service Leave Act was less than 10 years.

(2) This section does not apply in relation to an employee who stops being an
employee of a Newco body by dying. Note: Section 36 covers employees who die.

(3) If, on and after the sale day, the employee continues to be employed by a
Newco body until his or her combined service period is at least 10 years, the
Newco body may grant the employee long service leave on full salary for a
period up to the employee's long service leave credit under subsection 37(1).

(4) If:

   (a)  the employee stops being an employee of a Newco body, on or after
        reaching the minimum retiring age, or because of retrenchment; and

   (b)  the employee's combined service period at the time when he or she
        stops being an employee of the Newco body is at least one year; the
        Newco body may grant the employee long service leave on full salary
        for a period up to the employee's long service leave credit under
        subsection 37(1).

(5) If a period of long service leave may be granted to an employee under
subsection (3) or (4), the Newco body may, if the employee asks in writing,
grant the employee long service leave on half salary for a period not
exceeding twice the first-mentioned period.

(6) Long service leave granted in the circumstances set out in subsection (4)
is to be taken so as to end immediately before the employee stops being an
employee.

(7) 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 3 of the Long Service Leave Act if:

   (a)  that section applied to the employee; and
(b) for the expression " section 16 or 17" in that section there were
substituted the expression " section 34 of the Moomba-Sydney Pipeline System 
Sale Act 1994 ".