Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An eligible employee, or a former eligible employee, may apply, in writing, to the Corporation for a payment in respect of a period of untaken long service leave under Part 5A if the employee's employer is insolvent, is being wound up or has ceased to exist.
(2) If the Board verifies that the employer is insolvent, is being wound up or has ceased to exist, the Corporation must pay the employee in respect of the employee's untaken long service leave the amount that would have been payable by the employer under Part 5A had the employee taken the period of long service leave immediately before the relevant circumstance.
(3) The payment is payable to the employee out of the Fund.
(4) A payment by the Corporation under this section:
(a) discharges the liability of the employer to make the payment; and
(b) extinguishes the employee's entitlement under Part 5A to the period of untaken long service leave.
(5) In this section:
"employer" means:
(a) in relation to an eligible employee--a current employer of the employee; and
(b) in relation to a former eligible employee--an employer of the employee immediately before the employee ceased to be an eligible employee.