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Section : What entitlements to long service leave will apply?
Domain : Human Resource Management
Classification : Not Identified

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  • a collective agreement, an Australian Workplace Agreement (AWA) made after 26 March 2006, or an Individual Transitional Employment Agreement (ITEA) came into operation before the commencement of the NES, and applies to the employee or
  • one of the following kinds of instruments came into operation before the commencement of the NES, applies to the employee, and expressly deals with long service leave:
  • -an enterprise agreement - agreements made after 1 July 2009 and approved by the Fair Work Commission (FWC)
  • -a preserved State agreement - an agreement made in the State system before 26 March 2006
  • -a workplace determination - made by the FWC
  • -a certified agreement - an agreement made before 26 March 2006
  • -an AWA - made before 26 March 2006
  • -a section 170MX award - an award made by the Australian Industrial Relations Commission (AIRC) before 26 March 2006 after terminating a bargaining period
  • -an old IR agreement - an agreement approved by the AIRC before December 1996. When one of the above specified instruments ceases to operate, an employee is entitled to long service leave in accordance with an applicable pre-modernised award.

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