16Long service leave if business sold

16 Long service leave if business sold

(1)  In this section –

transferred employee means a person whose employment with TOTE Tasmania, or a TOTE subsidiary, is transferred by reason of an order made under section 15(2)(a) and the operation of section 15(6) .

(2)  The Long Service Leave (State Employees) Act 1994 does not apply to a transferred employee, or to TOTE Tasmania or the TOTE subsidiary on and after the sale day.

(3)  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 TOTE Tasmania, or the TOTE subsidiary and TOTE Tasmania, (including service the transferred employee is taken to have completed with TOTE Tasmania) immediately before the sale day;

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.