Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 60

Meaning of one employer

60. Meaning of one employer



(1) This section sets out several situations in which an employee is to be
regarded, for the purposes of this Division, as having been employed by the
one employer, even though the employee may have worked over the relevant
period of time for more than one employer in a strict legal sense.

(2) If an employee is employed by a corporation, he or she is to be regarded
as having been employed by that corporation during any period that-

   (a)  he or she was employed by a related body corporate of that corporation
        (within the meaning of the Corporations Act); or



   (b)  he or she was employed by another corporation and-

   (i)  the directors of that other corporation and the employee's present
        employer were substantially the same; or

   (ii) that other corporation and the employee's present employer were under
        substantially the same management.

(3) If the ownership of a business employing someone changes but the
employment of the employee continues, the employee is to be regarded as having
started employment with the new owner on the date on which the employee
started his or her employment at that business.

(4) Subsection (3) applies regardless of whether the change occurred before or
after the commencement of this Division.

(5) If an employee was dismissed from employment by the owner of a business,
but the ownership of the business changes and the new owner employs the
employee within 3 months after the dismissal, the employee is to be regarded
as-

   (a)  having finished employment with the former owner on the day before the
        ownership of the business changed; and

   (b)  having started employment with the new owner on the day the ownership
        changed; and

   (c)  having been employed by the new owner from the date on which the
        employee first started employment at that business.

(6) If an employee performs duties in connection with any assets used in the
carrying on of a business of his or her employer and those assets are
transferred to another employer who continues the employment of the employee,
the employee is to be regarded as having started employment with the new owner
on the date on which the employee started his or her employment at that
business.

(7) Subsection (8) only applies if an employee performs duties in connection
with any assets used in the carrying on of a business of an employer and-

   (a)  the employee is dismissed by that employer; and

   (b)  those assets are transferred to another employer; and

   (c)  the other employer employs the employee within 3 months after the date
        of the dismissal to perform duties in relation to those assets, or
        other assets of a similar kind.

(8) If this subsection applies, the employee is to be regarded as-

   (a)  having finished employment with his or her former employer on the day
        before the assets were transferred; and

   (b)  having started employment with the new employer on the day the assets
        were transferred; and

   (c)  having been employed by the new employer from the date on which the
        employee first started employment at that business.

(9) Subsections (5), (6) and (8) do not apply if the transfer or change of
ownership occurred before 11 October 1984.

(10) In this section-

assets includes land, plant and equipment;

business includes a trade, process or occupation and any part of a trade,
process or occupation and also includes any part of a business;

transfer includes a transmission, conveyance, assignment or succession,
whether by agreement or by operation of law.