768BNNES—working out accruing entitlements

768BN NES—working out accruing entitlements

Application of this section

(1) This section applies for the purposes of determining the entitlements of a transferring employee under the National Employment Standards to:

(a) paid annual leave; or

(b) paid personal/carer’s leave;

if the employee had, immediately before the employee’s termination time, an accrued entitlement to an amount of:

(c) paid annual leave (however described); or

(d) paid personal or carer’s leave (however described).

Note: For other entitlements under the National Employment Standards, see section 768BM.

Leave accrued for purposes of the NES

(2) The provisions of the National Employment Standards relating to:

(a) taking that kind of leave (including rates of pay while taking leave); or

(b) cashing‑out that kind of leave;

apply as a minimum standard to the accrued leave, after the employee’s re‑employment time, as if it had accrued under the National Employment Standards.

No double entitlement

(3) However, if before or after the employee’s termination time, the old State employer paid the employee an amount in relation to some or all of the accrued leave, then for the purposes of subsection (2), the amount of accrued leave is reduced accordingly.

Working out whether leave accrued

(4) For the purposes of subsection (1), it does not matter whether the entitlement to leave accrued under:

(a) the original State award or original State agreement for the copied State instrument for the employee; or

(b) a State industrial law of the State.