Commonwealth Consolidated Acts Commonwealth Consolidated Acts
(1) This Schedule applies in relation to an airport - lessee company if the company was granted an airport lease under section 21 or 22.
(2) This Schedule applies to an employee of an airport - lessee company if the employee was transferred to the company under section 58.
(1) Unless the contrary intention appears, expressions used in this Schedule that are also used in the Long Service Leave Act have the same meaning as in that Act.
(2) In this Schedule:
"combined service period" , in relation to an employee, means the total of:
(a) the period that was, immediately before the employee's transfer time, the employee's period of service for the purposes of the Long Service Leave Act; and
(b) the period starting at the employee's transfer time during which the employee continues to be an employee of the company.
"future long service leave rights" , in relation to an employee, means any long service leave rights the employee acquires under an award, determination, industrial agreement or law (other than this Act) after the employee's transfer time in relation to service after that time.
"law" means:
(a) a law of the Commonwealth, a State or a Territory; or
(b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.
"Long Service Leave Act" has the meaning given by clause 3.
3 References to Long Service Leave Act
For the purposes of the application of this Schedule to a particular employee, a reference in this Schedule to the Long Service Leave Act is a reference to the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the employee's transfer time.
4 Long service leave for employees with less than 10 years service
Summary of clause
This clause provides that, in certain circumstances, an airport - lessee company may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.
(1) This clause applies in relation to an employee if, at the employee's transfer time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.
(2) This clause does not apply in relation to an employee who dies while in the employment of an airport - lessee company. Clause 6 covers such employees.
(3) If the employee continues to be employed by an airport - lessee company after the employee's transfer time until his or her combined service period is at least 10 years, the company may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subclause 7(1).
(4) If:
(a) the employee stops being an employee of an airport - lessee company on or after reaching the minimum retirement age, or because of retrenchment; and
(b) the employee's combined service period at the time when he or she stops being an employee of the company is at least one year;
the company may grant the employee long service leave on full salary for a period of up to the employee's long service leave credit under subclause 7(1).
(5) If a period of long service leave may be granted to an employee under subclause ( 3) or (4), the company may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first - mentioned period.
(6) Long service leave granted in the circumstances set out in subclause ( 4) is to be taken so as to end immediately before the employee stops being an employee.
(7) For the purposes of this clause, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression "section 16 or 17" in that section there were substituted the expression "clause 4 of Schedule 1 to the Airports (Transitional) Act 1996 ".
5 Payments in lieu of long service leave for employees with less than 10 years service
Summary of clause
This clause provides that, in certain circumstances, an airport - lessee company must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under clause 4.
(1) This clause applies in relation to an employee if, at the employee's transfer time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.
(2) This clause does not apply in relation to an employee who dies while in the employment of an airport - lessee company. Clause 6 covers such employees.
(3) Subject to subclause ( 6), if the employee stops being an employee of an airport - lessee company on or after the day on which his or her combined service period reaches 10 years, the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
(4) Subject to subclause ( 6), if:
(a) at a particular time, the employee stops being an employee of an airport - lessee company on or after reaching the minimum retiring age, or because of retrenchment; and
(b) at that time, the employee's combined service period is at least one year;
the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
(5) Subject to subclause ( 6), if:
(a) the employee stops being an employee of an airport - lessee company; and
(b) the company is satisfied that the employee left the company because of ill - health that justified his or her so leaving; and
(c) when the employee left, his or her combined service period was at least one year;
the company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subclause 7(2).
(6) An employee may, by written notice given to an airport - lessee company before the employee stops being an employee of the company:
(a) request the company not to make a payment to the employee under this clause; or
(b) request the company to make a payment under subclause ( 3), (4) or (5) of a stated amount that is less than the amount that would otherwise be payable under that subclause.
(7) The company must comply with a request made under subclause ( 6).
(8) For the purposes of this clause, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:
(a) that section applied to the employee; and
(b) for the expression "sections 16 and 17" in that section there were substituted the expression "clause 5 of Schedule 1 to the Airports (Transitional) Act 1996 ".
6 Payments on the death of an employee
Summary of clause
This clause applies in relation to an employee if, at the employee's transfer time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.
(1) If, after the employee's transfer time, the employee dies and immediately before his or her death:
(a) the employee was an employee of an airport - lessee company; and
(b) the employee's combined service period was at least one year; and
(c) the employee had one or more dependants;
the company must make a payment to a dependant or to 2 or more dependants of the employee.
(2) The total amount of the payment or payments is the amount that would have been payable to the employee under clause 5 if, on the day of his or her death, the employee had stopped being an employee of the company on or after reaching the minimum retiring age.
(3) If subclause ( 1) applies, section 23 of the Long Service Leave Act has effect as if:
(a) that section applied to an employee of an airport - lessee company; and
(b) a reference in that section to the approving authority were a reference to the company; and
(c) for the expression "this Act" in that section there were substituted the expression "clause 6 of Schedule 1 to the Airports (Transitional) Act 1996 "; and
(d) for the expression "subsection 16(7) or 17(5)" in that section there were substituted the expression "clause 6 of Schedule 1 to the Airports (Transitional) Act 1996 ".
7 Employee's long service leave credit for the purposes of clauses 4 and 5
(1) For the purposes of clause 4, an employee's long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:
(a) starting when the employee started his or her period of service; and
(b) ending at the employee's transfer time;
if the employee had been retrenched at the employee's transfer time.
(2) For the purposes of clause 5, an employee's long service leave credit is the employee's long service leave credit worked out under subclause ( 1) of this clause, reduced by any long service leave credit used under clause 4.
8 Schedule not to affect an employee's future long service leave rights
To avoid doubt, it is declared that this Schedule does not affect an employee's future long service leave rights.
9 Saving--Long Service Leave Act
(1) This clause applies to an employee who, immediately before the employee's transfer time, was an employee of the FAC whose period of service under the Long Service Leave Act was at least 10 years.
(2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee's accrued rights under that Act continue if the employee becomes an employee of an airport - lessee company at the employee's transfer time. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.
(3) The Long Service Leave Act has effect after the employee's transfer time as if the company were an approving authority for the purposes of that Act.