Common use of Long Service Clause in Contracts

Long Service. (1) The long service which shall entitle a worker to such leave shall, subject as herein provided, be continuous service with one and the same employer. (2) Such service shall include service prior to the 1st day of April 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was a worker of the transmittor in that business becomes a worker of the transmittee - the period of the continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee. (b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning. (4) Such service shall include - (a) Any period of absence from duty on any annual leave or long service leave; (b) Any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (c) Any period during which the service of the worker was or is interrupted by service - (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Australia except in the circumstances referred to in Section 31(2) of the Defence Act, 1903-1956, and except in Korea or Malaya after 26 June 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946; (iii) in any of the Armed Forces under the National Service Act, 1951 (as amended). Provided that the worker as soon as reasonably practicable on the completion of any such services resumed or resumes employment with the employer by whom he was employed immediately before the commencement of such service. (5) Service shall be deemed to be continuous notwithstanding - (a) the transmission of a business as referred to in subclause (3) hereof. (b) any interruption of a class referred to in subclause (4) hereof irrespective of the duration thereof; (c) any absence from duty authorised by the employer; (d) any absence from duty arising directly or indirectly from an industrial dispute if the worker returns to work in accordance with the terms of the settlement of the dispute; (e) any standing-down of a worker in accordance with the provisions of an award, industrial agreement, order or determination under either Commonwealth or State law;

Long Service. (1) 2.1. The long service which shall entitle a worker an employee to such leave shall, subject as herein provided, be continuous service with one and the same employer. (2) 2.2. Such service shall include service prior to the 1st day of April 1958, if it continued until such time but only to the extent of the last 20 completed years of continuous service. (a) 2.3. Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "“the transmittor"”) to another employer (herein called "“the transmittee"”) and a worker an employee who at the time of such transmission was a worker an employee of the transmittor in that business becomes a worker an employee of the transmittee - the period of the continuous service which the worker employee has had with the transmittor transmittor, (including any such service with any prior transmittor) transmittor shall be deemed to be service of the worker employee with the transmittee. (b) . In this subclause "“transmission" ” includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "“transmitted" ” has a corresponding meaning. (4) 2.4. Where, over a continuous period, a employee has been employed by two or more companies each of which is a related body corporate within the meaning of section of the Corporations Act 2001 the period of the continuous service which the employee has had with each of those companies shall be deemed to be service of the employee with the company by whom he is last employed. 2.5. Such service shall include -include: (a) Any any period of absence from duty on any annual leave or long service leave; (b) Any any period of absence from duty necessitated by sickness of or injury to the employee but only to the extent of 15 working days in any year of his/her employment; (c) any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave; (cd) Any any period during which the service of the worker employee was or is interrupted by service -service: (i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Australia except in the circumstances referred to in Section 31(2section 31 (2) of the Defence Act, Act 1903-1956, and except in Korea or Malaya after 26 June 1950; (ii) as a member of the Civil Construction Corps established under the National Security Act, Act 1939-1946; (iii) in any of the Armed Forces under the National Service Act, Act 1951 (as amended). Provided that the worker employee as soon as reasonably practicable on the completion of any such services service resumed or resumes employment with the employer by whom he was employed immediately before the commencement of such service. (5) 2.6. Service shall be deemed to be continuous notwithstanding -notwithstanding: (a) the transmission of a business as referred to in subclause (3) hereof.clause 2.3; (b) the employment with related bodies corporate as referred to in clause 2.4; (c) any interruption of a class referred to in subclause (4) hereof irrespective of the duration thereofclause 2.5; (cd) any absence from duty authorised by the employer; (d) any absence from duty arising directly or indirectly from an industrial dispute if the worker returns to work in accordance with the terms of the settlement of the dispute; (e) any standing-standing down of a worker employee in accordance with the provisions of an award, industrial agreement, order or determination under either Commonwealth or State law; (f) any absence from duty arising directly or indirectly from an industrial dispute if the employee returns to work in accordance with the terms of settlement of the dispute; (g) any termination of the employment by the employer on any ground other than slackness of trade if the employee be re-employed by the same employer within a period not exceeding two months from the date of such termination; (h) any termination of the employment by the employer on the ground of slackness of trade if the employee is re-employed by the same employer within a period not exceeding six months from the date of such termination; (i) [We recommend this clause be deleted as it is likely to be prohibited content under the WR Act and non-Code compliant on the basis that it is contrary to the freedom of association provisions and it may also be considered to indirectly permit employees to attend trade union training or union meetings.]any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within 14 days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the employee personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post. Provided that the period of absence from duty or the period of any interruption referred to in paragraphs (d) to (j) inclusive of this paragraph shall not (except as set out in clause 2.5) count as service.