Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 384

Period of employment

             (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 on a regular and systematic basis; 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.



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