Common use of Concurrent Service Clause in Contracts

Concurrent Service. (a) Subject to subclause (b), concurrent service with two or more employers remains separate and distinct. (b) If a full-time or part-time Group A or Group B Employee transfers from an employer or another Institution or Statutory Body (the first employer) to the Employer or another Institution or Statutory Body (the new employer) into an equivalent full-time or part-time role, but retains concurrent employment with the first Employer as a casual Employee, then the Employee's service with the first Employer may transfer to the new Employer (despite the Employee remaining employed with the first Employer), if: (i) the new employer is the Employer or another Institution or Statutory Body; and (ii) the Employee does not have an entitlement to take long service leave under clause 57.4(a); (iii) the Employee has not already taken or been paid in lieu of long service leave in respect of the relevant period; and (iv) either: ▇. the Employee notifies the first Employer of the transfer in accordance with sub-clause 57.7(c) (Election for payment of entitlement or transfer of entitlement at termination); or ▇. the second Employer otherwise confirms in writing to the first Employer that the period of service has been so recognised. For the removal of doubt, where the second Employer recognises the Employee's service with the first Employer, it must provide written notification of its determination to the first Employer. (a) If a Group A or Group B Employee's long service leave entitlement is transferred in accordance with subclause 57.23(b): (i) the first Employer will no longer be liable for the service, and the long service leave liability for the service will transfer to the new Employ r; (ii) any casual service that occurs with the first Employer after the transfer referred to in (i) above will be considered separate and distinct service on and from the date on which the employee commenced employment with the new Employer, provided that: (A) the qualifying period required to accrue an entitlement to long service leave with the first Employer does not reset (that is, the Employee's prior service with the first Employer can be counted when calculating any future entitlement to long service leave with the first Employer); (B) no benefit to long service leave will arise with the first Employer in respect of the prior period of employment with the first Employer; and (C) the Employee's prior service with the first Employer is to be disregarded when calculating the Employee's normal weekly hours with the first Employer (e.g. for the purpose of sections 16 and 17 of the LSL Act).

Concurrent Service. (a) a. Subject to subclause (b)67.15b, concurrent service with two or more employers Employers remains separate and distinct. (b) b. If a full-time or Employee, part-time Group A Employee, Locum Pharmacist or Group B Regular Casual Employee transfers from who was employed with an employer or another Institution or Statutory Body Employer (the first employerEmployer) to the Employer or becomes employed by another Institution or Statutory Body employer (the new employerEmployer) into in an equivalent full-time or part-time role, but retains concurrent employment with the first Employer as a casual Employee, then the Employee's service with the first Employer may transfer to the new Employer (despite the Employee remaining employed with the first Employer), if: (i) the new employer is the Employer or another Institution or Statutory Body; and (ii) the Employee does not have an entitlement to take long service leave under clause 57.4(a)67.4a; (iiiii) the Employee has not already taken or been paid in lieu of long service leave in respect of the relevant period; and (iviii) either: ▇. (A) the Employee notifies the first Employer of the transfer in accordance with sub-clause 57.7(c) (Election 67.7c(Election for payment of entitlement or transfer of entitlement at termination); or ▇. (B) the second Employer otherwise confirms in writing to the first Employer that the period of service has been so recognised. For recognised (for the removal of doubt, where if the second Employer recognises determines to recognise the Employee's service with the first Employer, it must provide written notification of its determination to the first Employer). (a) c. If a Group A full-time Employee, part-time Employee, Locum Pharmacist or Group B Regular Casual Employee's long service leave entitlement is transferred in accordance with subclause 57.23(b):67.15b: (i) the first Employer will no longer be liable for the service, and the long service leave liability for the service as a full-time Employee, part- time Employee, Locum Pharmacist or Regular Casual Employee with the first Employer will transfer to the new Employ rEmployer; (ii) any casual service that occurs with the first Employer after the transfer referred to in (i) above i)above will be considered separate and distinct service on and from the date on which the employee Employee commenced employment with the new Employer, provided that: (A) the qualifying period required to accrue an entitlement to long service leave with the first Employer does not reset (that is, the Employee's prior service with the first Employer can be counted when calculating any future entitlement to long service leave with the first Employer); (B) no benefit to long service leave will arise with the first Employer in respect of the prior period of employment with the first Employer; and (C) the Employee's prior service with the first Employer is to be disregarded when calculating the Employee's normal weekly hours with the first Employer (e.g. for the purpose of sections 16 and 17 of the LSL Act). (iii) If the Employee is not entitled to transfer their service from the first Employer to the new Employer, or does not take the steps required in sub-clause 67.7cwithin the allowable period of absence, the first Employer will make payment in lieu of long service leave for the Continuous Service with the first Employer in accordance with clause 67.7b(Basic entitlement at termination of employment). Example 1: A part-time Employee is employed at the same time by Employer 1, and Employer 2. The part-time Employee accrues service towards long service leave at each of Employer 1 and Employer 2. If the Employee had been employed by Employer 1 for 11 years and Employer 2 for 6 years, the Employee can take LSL from Employer 1, but would need to continue working at Employer 2 until sufficient Continuous Service had accrued. If the Employee resigned from both Employer 1 and Employer 2, and went to work for Employer 3, the Employee could: (a) transfer the 6 years' service with Employer 2 to Employer 3; and (b) have the accrued LSL from the 11 years' service with Employer 1 paid out in lieu on termination. Example 2: A Regular Casual Employee has worked for Employer 1 for 6 years. The Employee commences employment with Employer 2 as a full-time Employee. To take up this opportunity, the Employee ceases permanent employment with Employer 1. However, the Employee commences a casual employment relationship with Employer 1 within 12 weeks after resigning from their permanent position with Employer 1. The Employee: (a) could transfer the 6 years' service with Employer 1 to Employer 2, and would be eligible to take LSL with Employer 2 once sufficient Continuous Service had accrued (taking into account the transferred service); and (b) could also take LSL on a pro rata basis with Employer 1 after sufficient Continuous Service had accrued, save that no entitlement would arise in respect of the prior 6 years' service that had been transferred to Employer 2.

Concurrent Service. (a) Subject to subclause (b), concurrent service with two or more employers remains separate and distinct. (b) If a full-time or part-time Group A or Group B Employee transfers from an employer or another Institution or Statutory Body (the first employer) to the Employer or another Institution or Statutory Body (the new employer) into an equivalent full-time or part-time role, but retains concurrent employment with the first Employer as a casual Employee, then the Employee's service with the first Employer may transfer to the new Employer (despite the Employee remaining employed with the first Employer), if: (i) the new employer is the Employer or another Institution or Statutory Body; and (ii) the Employee does not have an entitlement to take long service leave under clause 57.4(a); (iii) the Employee has not already taken or been paid in lieu of long service leave in respect of the relevant period; and (iv) either: ▇. A. the Employee notifies the first Employer of the transfer in accordance with sub-clause 57.7(c) (Election for payment of entitlement or transfer of entitlement at termination); or ▇. B. the second Employer otherwise confirms in writing to the first Employer that the period of service has been so recognised. For the removal of doubt, where the second Employer recognises the Employee's service with the first Employer, it must provide written notification of its determination to the first Employer. (a) If a Group A or Group B Employee's long service leave entitlement is transferred in accordance with subclause 57.23(b): (i) the first Employer will no longer be liable for the service, and the long service leave liability for the service will transfer to the new Employ r; (ii) any casual service that occurs with the first Employer after the transfer referred to in (i) above will be considered separate and distinct service on and from the date on which the employee commenced employment with the new Employer, provided that: (A) the qualifying period required to accrue an entitlement to long service leave with the first Employer does not reset (that is, the Employee's prior service with the first Employer can be counted when calculating any future entitlement to long service leave with the first Employer); (B) no benefit to long service leave will arise with the first Employer in respect of the prior period of employment with the first Employer; and (C) the Employee's prior service with the first Employer is to be disregarded when calculating the Employee's normal weekly hours with the first Employer (e.g. for the purpose of sections 16 and 17 of the LSL Act).