Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 47

47 Continuity of service--additional considerations for casual employees

(1) The service of an employee (a casual employee) who is employed more than once by the same employer over a period is continuous service with the employer even though--

(a) the employment is broken; or
(b) any of the employment is not full-time employment; or
(c) the employee is employed by the employer under 2 or more employment contracts; or
(d) the employee would, apart from this section, be taken to be engaged in casual employment; or
(e) the employee has engaged in other employment during the period.

(2) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract.

(3) In working out the length of an employee's continuous service--

(a) the following service must not be taken into account--
(i) service by the employee before 23 June 1990;
(ii) if the employee only obtained the entitlement because of the enactment of the repealed Industrial Relations Reform Act 1994, section 17--the employee's service between 23 June 1990 and 30 March 1994; and
(b) subject to subsection (2), a period when the employee was not employed by the employer must be taken into account.

(4) Subsection (3)(a)(i) does not affect an employee's entitlement to long service leave under--

(a) an award made before 23 June 1990; or
(b) the Industrial Conciliation and Arbitration Act 1961.

(5) This section does not limit any other entitlement to long service leave that an employee may have.



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