11Long service leave

11 Long service leave

(1)  The Long Service Leave (State Employees) Act 1994 does not apply to a transferred employee or a purchaser.

(2)  Except as otherwise agreed, in writing, by the Treasurer and the purchaser, in calculating the period of service a transferred employee has completed with the purchaser for the purposes of calculating his or her entitlement to long service leave under any Act, award or agreement, the transferred employee is taken to have completed, on the day on which he or she becomes the employee of the purchaser, a period of service with the purchaser calculated in accordance with the following formula:

where:

Calculated service is the period of service the transferred employee is taken to have completed with the purchaser on the day on which he or she becomes the employee of the purchaser;

S is the total period of service the transferred employee has completed with the prescribed Government Business Enterprise (including service the transferred employee is taken to have completed with the prescribed Government Business Enterprise) or under the State Service Act 2000 ;

P is the period of service that would have been required to be completed by the transferred employee to be entitled to long service leave under the relevant Act, award or agreement if the transferred employee had always been an employee of the purchaser.