406ATransfer of accrued leave entitlements

406A Transfer of accrued leave entitlements

406A Transfer of accrued leave entitlements

(1) In this section—

award means the Local Government (State) Award 2004 as in force immediately before 27 March 2006.

employee does not include a member of the senior staff of a council.

(2) The provisions of the award relating to the transfer of an employee’s accrued sick leave and long service leave entitlements when changing employment from one council to another (the relevant award provisions) apply, by force of this section, in relation to an employee of a council who changes employment, in the circumstances referred to in the relevant award provisions, from one council to another.

(3) Without limiting subsection (2), the relevant award provisions that apply by force of this section include—

(a) the liability of the council by which the employee concerned was last employed to pay the council by which the employee is currently employed the cost of the employee’s accrued long service leave entitlement, and

(b) the right of the employee concerned to elect to be paid the monetary value of the employee’s accrued long service leave entitlement.

(4) This section applies to an employee of a council whether or not the employee was a person to whom the award applied.

(5) Nothing in this section affects any leave entitlement of a member of the senior staff of a council under the member’s employment contract.

(6) Nothing in this section affects any entitlement of an employee of a council conferred by or under Part 6 of Chapter 11 of the Act.

Note.

Clause 19, Part A of the award includes the following—

(v) Accumulated sick leave shall be transferable on change of employment from council to council within New South Wales up to 13 weeks, provided that an employee shall only be entitled to transfer sick leave accumulated since the employee’s last anniversary date on a pro-rata basis. Such accumulated sick leave shall only be transferable if the period of cessation of service with the council and appointment to the service of another council does not exceed three months. The sick leave entitlement transferred shall not exceed the maximum amount transferable as prescribed by the appropriate award at the time of transfer.

Clause 19, Part D of the award includes the following—