Section 768BP — Fair Work Act 2009: Copied State instrument—working out non-accruing entitlements

Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under a copied State instrument for the employee, other than entitlements to: (a) annual leave (however described); or (b) personal leave or carer’s leave (however described). Note: For entitlements to annual leave or personal leave or carer’s leave under the copied State instrument, see section 768BQ. No double entitlement (2) If, before or after the employee’s termination time, the employee has the benefit of an entitlement, the amount of which is calculated by reference to a period of service, then subsection 768BO(1) does not result in that period of service with the old State employer being counted again when calculating the employee’s entitlements of that kind under the copied State instrument for the employee. (3) To avoid doubt, subsection (2) does not require the employee to serve any initial qualifying period of service for long service leave again.