Service for the purposes of this Act
General rule (1) Service of a transferring employee with the old State employer that occurred before the employee’s termination time also counts as service of the employee with the new employer for the purposes of this Act (including for the purposes of determining the employee’s entitlements under the National Employment Standards) after the employee’s re‑employment time. Gap between termination time and re‑employment time (2) If there is a period of time between the employee’s termination time with the old State employer and the employee’s re‑employment time with the new employer, then that period: (a) does not break the employee’s continuous service with the new employer (taking account of the effect of subsection (1)); but (b) does not count towards the length of the employee’s continuous service with the new employer.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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