34Payments in lieu of long service leave for employees with less than 10 years service

34 Payments in lieu of long service leave for employees with less than 10 years service

(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”.