LONG SERVICE LEAVE ACT 1987 - SECT 6
LONG SERVICE LEAVE ACT 1987 - SECT 6
6—Continuity of service
(1) A worker's
continuity of service is not affected by—
(a)
subject to an order of SAET to the contrary, a break in the worker's service
brought about by the employer where the worker is re-employed pursuant to an
order of a court or SAET;
(b) a
break in the worker's service brought about by the employer in an attempt to
avoid an obligation or liability imposed on the employer by this Act or by an
award, agreement or scheme relating to long service leave;
(c)
absence of the worker from work in accordance with the contract of service;
(d)
absence of the worker from work on account of illness or injury;
(e)
absence of the worker from work on account of long service leave or annual
leave;
(f)
absence of the worker from work on any other kind of leave;
(g) the
standing down of the worker by the employer on account of slackness in trade
where the worker is subsequently re-employed by the employer;
(h) a
break in the worker's service arising directly or indirectly from an
industrial dispute where the worker returns to work in accordance with the
terms of settlement of the dispute or is re-employed by the employer when the
dispute is settled;
(i)
any other break in the worker's service brought about by
the employer where the worker returns to work or is re-employed by the
employer within two months.
(2) Where a worker's
continuity of service with an employer is preserved under
subsection (1)(f), (g), (h) or (i), the period of absence or the duration
of the break from work is not to be taken into account in calculating the
period of the worker's service with the employer.
(3) Where a worker
enters into a contract of service with an employer within 12 months after the
completion of an apprenticeship with the employer, the period of
apprenticeship will be taken into account for the purpose of calculating the
worker's period of service.
(4) Where a worker
enters into service as a member of the Armed Forces of the Commonwealth (not
being service as a member of the Permanent Forces), that period of service
will be regarded as service with the employer by whom the worker was last
employed.