Common use of Portability of Long Service Leave Clause in Contracts

Portability of Long Service Leave. (a) Subject to subclause 43.17(c), where an Employee was, immediately prior to being engaged, employed in the service of the Commonwealth of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, that Employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector necessary to complete a qualifying period for an entitlement of Long Service Leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee will not become entitled to Long Service Leave or payment for Long Service Leave unless they have completed three years continuous service with the Western Australian Public Sector. (iv) Where an Employee would, but for the provisions of paragraph (c) of this subclause, have become entitled to Long Service Leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leave. (b) No Employee will be entitled to the benefit of this subclause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee without notice. (c) Nothing in these conditions confers on any Employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave that accrued prior to the date on which the Employee was employed by the Western Australian Public Sector Employer.

Appears in 4 contracts

Samples: Wa Health System United Workers Union (Wa) Enrolled Nurses, Assistants in Nursing, Aboriginal Health Workers, Ethnic Health Workers and Aboriginal Health Practitioners Industrial Agreement 2022, Wa Health System – United Workers Union (Wa) – Enrolled Nurses, Assistants in Nursing, Aboriginal and Ethnic Health Workers Industrial Agreement 2020, Industrial Agreement

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Portability of Long Service Leave. (a) Subject to subclause 43.17(c39.13(a)(ii), where an Employee employee was, immediately prior to being engagedengaged by the Employer, employed in the service of the Commonwealth of Australia or Australia, any other State or Territory Government of Australia, or any Western Australian Public Sector Employeremployer, and that employment was continuous with this service as defined by this clause, that Employee employee will be entitled to Long Service Leave Leave, providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clausethese conditions. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave or payment for Long Service Leave unless they have completed three years 3 years’ continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph (c) of this subclause39.13(a)(ii), have become entitled to Long Service Leave before the expiration of three 3 years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leave. (bv) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer employer was terminated for reasons which would entitle that Employer employer to dismiss the Employee employee without notice. (cvi) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 3 contracts

Samples: Hospital Support Workers Industrial Agreement 2022, Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c)(c) of this subclause, where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth or another State of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, clause that Employee employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, long service leave determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph subclause (c19)(a)(iii) of this subclauseclause, have become entitled to Long Service Leave long service leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 3 contracts

Samples: Industrial Agreement, Industrial Agreement, Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c38.13(a)(ii), where an Employee employee was, immediately prior to being engagedengaged by WA Health, employed in the service of the Commonwealth of Australia or Australia, any other State or Territory Government of Australia, or any Western Australian Public Sector Employeremployer, and that employment was continuous with this service as defined by this clause, that Employee employee will be entitled to Long Service Leave long service leave, providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clausethese conditions. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years 3 years’ continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph (c) of this subclause38.13(a)(ii), have become entitled to Long Service Leave long service leave before the expiration of three 3 years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (bv) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer employer was terminated for reasons which would entitle that Employer employer to dismiss the Employee employee without notice. (cvi) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 3 contracts

Samples: Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement, Hospital Support Workers Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c)(c) of this subclause, where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth or another State of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, clause that Employee employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, long service leave determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have he has completed three (3) years continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph (ciii) of this subclause, have become entitled to Long Service Leave long service leave before the expiration of three (3) years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 2 contracts

Samples: Wa Health Industrial Agreement 2010, Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c42.16(c), where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, that Employee employee will be entitled to Long Service Leave long service leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years continuous service with the Western Australian Public Sector. (iv) Where an Employee employee would, but for the provisions of paragraph (c) of this subclause, have become entitled to Long Service Leave long service leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector Employer.

Appears in 1 contract

Samples: Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c43.16(c), where an Employee was, immediately prior to being engaged, employed in the service of the Commonwealth of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, that Employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector necessary to complete a qualifying period for an entitlement of Long Service Leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee will not become entitled to Long Service Leave or payment for Long Service Leave unless they have completed three years continuous service with the Western Australian Public Sector. (iv) Where an Employee would, but for the provisions of paragraph (c) of this subclause, have become entitled to Long Service Leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leave. (b) No Employee will be entitled to the benefit of this subclause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee without notice. (c) Nothing in these conditions confers on any Employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave that accrued prior to the date on which the Employee was employed by the Western Australian Public Sector Employer.

Appears in 1 contract

Samples: Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c40.12(a)(ii), where an Employee employee was, immediately prior to being engagedengaged by the Employer, employed in the service of the Commonwealth of Australia or Australia, any other State or Territory Government of Australia, or any Western Australian Public Sector Employeremployer, and that employment was continuous with this service as defined by this clause, that Employee employee will be entitled to Long Service Leave Leave, providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clausethese conditions. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave or payment for Long Service Leave unless they have completed three years years’ continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph (c) of this subclause40.12(a)(ii), have become entitled to Long Service Leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leave. (bv) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer employer was terminated for reasons which would entitle that Employer employer to dismiss the Employee employee without notice. (cvi) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 1 contract

Samples: Hospital Support Workers Industrial Agreement

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Portability of Long Service Leave. (a) Subject to subclause 43.17(csub-clause 31.16(c), where an Employee a Health Worker was, immediately prior to being engaged, employed in the service of the Commonwealth or another State of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, clause that Employee Health Worker will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, long service leave determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee A Health Worker will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have he has completed three (3) years continuous service with the Western Australian Public SectorState. (iv) Where an Employee a Health Worker would, but for the provisions of paragraph (ciii) of this subclausesub-clause, have become entitled to Long Service Leave long service leave before the expiration of three (3) years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee Health Worker will be entitled to the benefit of this subclause clause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee Health Worker without notice. (c) Nothing in these conditions confers on any Employee Health Worker previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee Health Worker was employed by the Western Australian Public Sector EmployerState.

Appears in 1 contract

Samples: Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c)(19)(c) of this clause, where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth or another State of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, clause that Employee employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, long service leave determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph subclause (c19)(a)(iii) of this subclauseclause, have become entitled to Long Service Leave long service leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 1 contract

Samples: Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c)(c) of this subclause, where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth or another State of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employer, and that employment was continuous with this service as defined by this clause, clause that Employee employee will be entitled to Long Service Leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, long service leave determined in the following manner. (i) Service with the previous Employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector State necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years continuous service with the Western Australian Public SectorState. (iv) Where an Employee employee would, but for the provisions of paragraph subclause (c18)(a)(iii) of this subclauseclause, have become entitled to Long Service Leave long service leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause clause if service with the previous Employer was terminated for reasons which would entitle that Employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector EmployerState.

Appears in 1 contract

Samples: Industrial Agreement

Portability of Long Service Leave. (a) Subject to subclause 43.17(c42.16(c), where an Employee employee was, immediately prior to being engaged, employed in the service of the Commonwealth of Australia or any other State or Territory Government of Australia, or any Western Australian Public Sector Employeremployer, and that employment was continuous with this service as defined by this clause, that Employee employee will be entitled to Long Service Leave long service leave providing there is an equivalent reciprocal arrangement with that other jurisdiction that recognises service, determined in the following manner. (i) Service with the previous Employer employer will be converted into service for the purpose of these conditions by calculating the proportion that the service with the previous Employer employer bears to a full qualifying period in accordance with the provisions that applied in the previous employment and applying that proportion to a full qualifying period in accordance with the provisions of this clause. (ii) Service with the Western Australian Public Sector necessary to complete a qualifying period for an entitlement of Long Service Leave long service leave will be calculated in accordance with the provisions of these conditions. (iii) An Employee employee will not become entitled to Long Service Leave long service leave or payment for Long Service Leave long service leave unless they have completed three years continuous service with the Western Australian Public Sector. (iv) Where an Employee employee would, but for the provisions of paragraph (c) of this subclause, have become entitled to Long Service Leave long service leave before the expiration of three years’ continuous service with the State, service subsequent to that date of entitlement will count towards the next grant of Long Service Leavelong service leave. (b) No Employee employee will be entitled to the benefit of this subclause if service with the previous Employer employer was terminated for reasons which would entitle that Employer employer to dismiss the Employee employee without notice. (c) Nothing in these conditions confers on any Employee employee previously employed by the Commonwealth or another State or Territory Government of Australia any entitlement to a complete period of Long Service Leave long service leave that accrued prior to the date on which the Employee employee was employed by the Western Australian Public Sector Employeremployer.

Appears in 1 contract

Samples: Industrial Agreement

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