Common use of Long Service Leave Portability Clause in Contracts

Long Service Leave Portability. 4.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer listed in clause 8 of this Annexure. (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; and (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. 4.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause 7 of this Annexure; orin (ii) at least five years of continuous service with a participating employer listed in clause 8 of this Annexure.in (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; and (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. 4.1 6.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 6.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer listed in clause 8 of this Annexure. (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 6.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 6.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 6.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; and (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. ‌ 4.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer listed in clause 8 of this Annexure. (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; and (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. 4.1 Entitlement to Long Service Leave will shall be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), ) and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer employer as at the operative date of this Agreementagreement, will shall be recognised by another Employer employer for the purpose of this Annexure provided that: (a) 4.2.1 The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause Clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer listed in clause Clause 8 of this Annexure.; or (b) 4.2.2 An Employee will shall only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) 4.2.3 Service prior to the Initial Qualifying Period will shall not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a)4.2.2. 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will shall be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will shall be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause sub-clause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) 4.5.1 Service with the Former Employer will be recognised as service with the New Employer; and (b) 4.5.2 The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. 4.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Long Service Leave Act, or the Long Service Leave Act 1955 (NSW) (if applicable), and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer listed in clause 8 of this Annexure. (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; andand 64 Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2018-2021 (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.

Long Service Leave Portability. 4.1 Entitlement to Long Service Leave will be in accordance with the provisions of the Act, the Long Service Leave Act 1955 (NSW), the Long Service Leave Act 1975 (ACT) and any applicable enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any Employer. 4.2 Continuous service with an Employer as at the operative date of this Agreement, will be recognised by another Employer for the purpose of this Annexure provided that: (a) The Employee has completed an initial qualifying period (the “Initial Qualifying Period”) of: (i) at least one year of continuous service with a participating employer Employer listed in clause 7 of this Annexure; or (ii) at least five years of continuous service with a participating employer Employer listed in clause 8 of this Annexure. (b) An Employee will only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer New Employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the Former Employer and commencing employment with a New Employer. (c) Service prior to the Initial Qualifying Period will not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 4.2(a). 4.3 Notwithstanding an Employee may have taken all or part of their accrued long service leave with their Former Employer or may have been paid out on termination all or part of their long service leave by their Former Employer, the Employee’s period of continuous service with the Former Employer will be recognised by the New Employer for the purposes of calculating any entitlement to long service leave. 4.4 Prior service will be recognised by the New Employer on the understanding that the Employee is not entitled to take or be paid long service leave which they have already taken or been paid by their Former Employer. 4.5 Notwithstanding the provisions of subclause 4.2, where the Former Employer has a different rate of accumulation of long service leave to the New Employer, the following will occur: (a) Service with the Former Employer will be recognised as service with the New Employer; and (b) The accrued entitlement to long service leave recognised by the New Employer will be that which the Employee had accrued at the date of ceasing employment with the Former Employer.