Section 384 — Fair Work Act 2009 (Cth)

(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 as a regular casual employee; 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.

Related sections

• s 381 — Object of this Part
• s 382 — When a person is protected from unfair dismissal
• s 383 — Meaning of minimum employment period
• s 385 — What is an unfair dismissal
• s 386 — Meaning of dismissed
• s 387 — Criteria for considering harshness etc.

Research how courts apply s 384

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