15Entitlements of former rail authority employees to recognition of past service

15 Entitlements of former rail authority employees to recognition of past service

15 Entitlements of former rail authority employees to recognition of past service

(1) This clause applies to members of staff of ARTC who—

(a) became employees of ARTC on or after 1 June 2004 and not later than 30 days after the commencement of the operation of the first lease between ARTC and a rail authority under Part 8A of the Act, and

(b) were employed by a rail authority not more than 30 days before being so employed by ARTC, and

(c) have been declared by the rail authority or the chief executive of the rail authority to be surplus to the rail authority’s requirements and to be eligible for the benefit of this clause.

Note.

The first lease under Part 8A of the Act between ARTC and a rail authority commenced on 5 September 2004.

(2) Despite subclauses (3)–(5), a member of staff who elected to cash out his or her leave entitlements under clause 10F of the Transport Administration (General) Regulation 2000 does not retain any rights to any such leave entitlements. However, previous service is to be taken into account for the purposes of an entitlement to long service leave in respect of future service.

(3) Continuous service of a member of staff with one or more rail authorities is taken, for all purposes, as service with ARTC.

(4) In particular, without limiting the operation of subclause (3), a member of staff retains any leave entitlements accrued in previous employment with one or more rail authorities.

(5) A person’s entitlement to any such leave is to be calculated—

(a) for such part of any period during which that leave accrued or was accruing as occurred before the day on which the person commenced employment with ARTC—at the rate of accrual for the time being applicable to the person before that day (as an employee of the rail authority), and

(b) for such part of that period as occurred after the day on which the person commenced employment with ARTC—at the rate of accrual for the time being applicable to the person after that day (as an employee of the ARTC).

(6) In this clause—

leave entitlements means entitlements to annual leave, extended leave, long service leave, sick leave and public holidays.