Commonwealth Numbered Acts

QANTAS SALE ACT 1992 No. 196, 1992 - SECT 26

26.(1) If, immediately before the commencement of Part 5, 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 the
commencement of Part 5, 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 (3) 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 subsections (1) and (2), an employee's long service
leave credit is equal to the long service leave credit under the Long Service
Leave Act related to the period beginning when the employee commenced his or
her period of service and ending on the day before the commencement of Part 5,
as if immediately before the commencement of Part 5 the employee had been
retrenched.

(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 the commencement of Part 5, 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 may 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.