Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 384

  (1)   An employee's period of employment with an employer at a particular time is the period of continuous service the employee has completed with the employer at that time as an employee.

  (2)   However:

  (a)   a period of service as a casual employee does not count towards the employee's period of employment unless:

  (i)   the employment as a casual employee was as a regular casual employee; and

  (ii)   during the period of service as a casual employee, the employee had a reasonable expectation of continuing employment by the employer on a regular and systematic basis; and

  (b)   if:

  (i)   the employee is a transferring employee in relation to a transfer of business from an old employer to a new employer; and

  (ii)   the old employer and the new employer are not associated entities when the employee becomes employed by the new employer; and

  (iii)   the new employer informed the employee in writing before the new employment started that a period of service with the old employer would not be recognised;

    the period of service with the old employer does not count towards the employee's period of employment with the new employer.