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(i) would have applied to the employee immediately before the commencement of this Part if the employee had, at that time, been in his or her current circumstances of employment; and (ii) would have entitled the employee to long service leave; and (b) any terms of the award that are ancillary or incidental to the terms referred to in paragraph (a). Entitlement in accordance with applicable agreement-derived long service leave terms (4) If there are applicable agreement-derived long service leave terms (see subsection (5)) in relation to an employee, the employee is entitled to long service leave in accordance with those terms. (5) There are applicable agreement-derived long service leave terms , in relation to an employee if: (a) an order under subsection (6) is in operation in relation to terms of an instrument; and (b) those terms of the instrument would have applied to the employee immediately before the commencement of this Part if the employee had, at that time, been in his or her current circumstances of employment; and (c) there are no applicable award-derived long service leave terms in relation to the employee. (6) If FWA is satisfied that: (a)