35Payments on the death of an employee

35 Payments on the death of an employee

(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) If the employee dies after the conversion time and immediately before his or her death: (a) the employee was an employee of Dairy Australia Limited; and (b) the employee’s combined service period was at least one year; and (c) the employee had one or more dependants; Dairy Australia Limited must make a payment to the dependant or dependants. (3) The total amount of the payment or payments is the amount that would have been payable to the person under section 34 if, on the day of his or her death, the person had instead stopped being an employee of Dairy Australia Limited on or after reaching the minimum retiring age. (4) If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if: (a) that section applied to an employee of Dairy Australia Limited; and (b) a reference in that section to the approving authority were a reference to Dairy Australia Limited; and (c) for the expression “this Act” in that section there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”; and (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “section 35 of the Dairy Industry Service Reform Act 2003”.