Section 768BQ — Fair Work Act 2009: Copied State instrument—working out accruing entitlements

Application of this section (1) This section applies for the purposes of determining the entitlements of a transferring employee under the copied State instrument for the employee to: (a) annual leave (however described); or (b) personal leave or carer’s leave (however described). Note: For other entitlements under the copied State instrument, see section 768BP. Leave accrued for purposes of the instrument (2) If the employee had, immediately before the employee’s termination time, an accrued entitlement to an amount of: (a) annual leave (however described); or (b) personal leave or carer’s leave (however described); then the accrued leave is taken to have accrued under the copied State instrument for the employee. No double entitlement (3) However, if before or after the employee’s termination time, the old State employer paid the employee an amount in relation to some or all of the accrued leave, then for the purposes of subsection (2), the amount of accrued leave is reduced accordingly. Working out whether leave accrued (4) For the purposes of subsection (2), it does not matter whether the leave accrued under: (a) the original State award or original State agreement for the copied State instrument; or (b) a State industrial law of the State.