CTHRepealedAct
Australian National Railways Commission Act 1983
46Long service leave entitlements of transferred South Australian employees
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#### 46 Long service leave entitlements of transferred South Australian employees
(1) Subject to subsection (2), the eligibility of a transferred South Australian employee to be granted a period of long service leave, or of such an employee, or of the dependants of such an employee, to be paid an amount of money in lieu of long service leave, shall be determined:
(a) by applying the provisions of the Long Service Leave (Commonwealth Employees) Act 1976; or
(b) by applying the relevant South Australian long service leave provisions and treating the service of the transferred South Australian employee in the employment of the Commission as service as an Officer for the purposes of those provisions;
whichever has the more favourable effect in relation to that employee or his dependants, and a period of long service leave may be granted, or the payment of an amount of money in lieu of long service leave may be authorized, under the Long Service Leave (Commonwealth Employees) Act 1976, accordingly.
(2) For the purposes of subsection (1), the period of long service leave that a transferred South Australian employee would, at any time, but for this subsection, be eligible to be granted under the relevant South Australian long service leave provisions in respect of a period of service is subject to an appropriate reduction in respect of a period of long service leave that has previously been granted to him, or of any amount of money in lieu of long service leave that has previously been paid to him, in respect of any part of that period of service.
(3) For the purposes of applying the relevant South Australian long service leave provisions to or in respect of a transferred South Australian employee, the Public Service Board and any persons authorized to grant long service leave to that employee, or to authorize a payment of money in lieu of long service leave to or in respect of that employee, under the Long Service Leave (Commonwealth Employees) Act 1976, have all the powers conferred by those provisions upon the Public Service Board of the State of South Australia.
(4) A reference in this section to the relevant South Australian long service leave provisions is a reference to those provisions of the Public Service Act 1967 of the State of South Australia as in force at 1 March 1978 that relate to long service leave.