10. Long service leave
(1) Notwithstanding the provisions of the Public Sector Management Act 1994, a Commonwealth employee, upon being appointed or engaged under this Act, shall be credited with a period of long service leave equal to the period of furlough for which he was eligible immediately prior to his being so appointed or engaged, together with any pro rata furlough based on his service as a Commonwealth employee but for which he was not, immediately prior to his being so appointed or engaged, yet eligible, and shall then commence to accrue long service leave either ¾
(a) in accordance with the conditions and provisions of the Commonwealth Employees' Furlough Act, if he elects in writing to that effect within 3 months of his being so appointed or engaged; or
(b) in accordance with the provisions of the Public Sector Management Act 1994,
from the date of his appointment or engagement under this Act, but nothing in this subsection entitles a Commonwealth employee appointed or engaged under this Act to be credited with long service leave in respect of any period of furlough for or with respect to which he has received, or receives by reason of his ceasing to be a Commonwealth employee, any payment or other benefit under the Commonwealth Employees' Furlough Act.
(2) Where a Commonwealth employee ¾
(a) was, immediately prior to his becoming such an employee, employed in the Public Service of Western Australia; and
(b) upon becoming such a Commonwealth employee had his eligibility for furlough in the Commonwealth Service determined under the Commonwealth Employees' Furlough Act by reference to his period of continuous service in the Public Service of Western Australia preceding his so becoming a Commonwealth employee,
the chief executive officer may, if he is satisfied that all the circumstances of the case so warrant it, determine that, in addition to receiving benefits under subsection (1) in accordance with his election, the employee is entitled to be credited with the amount by which the period of his accrued long service leave, including any pro rata long service leave, as at the day immediately preceding the day on which he so became a Commonwealth employee exceeded the period of furlough with which he was so credited under the provisions of the Commonwealth Employees' Furlough Act upon his so becoming a Commonwealth employee.
[Section 10 amended by No. 32 of 1994 s. 17(l) and (m).]