Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 103

103 Continuity of service—casual employees

(1) This section applies to a casual employee.

(2) The employee’s service is continuous service with the employer even though—

(a) the employment is broken; or

(b) any of the employment is not full-time employment; or

(c) the employee is employed by the employer under 2 or more contracts of employment; or

(d) the employee would, apart from this section, be taken to be engaged in casual employment; or

(e) the employee has engaged in other employment during the period.

(3) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 contract of employment and the start of the next contract of employment.

(4) In working out the length of the employee’s continuous service—

(a) the following service must not be taken into account—

(i) service by the employee before 23 June 1990;

(ii) if the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and

(b) subject to subsection (3) , a period when the employee was not employed by the employer must be taken into account.

(5) Subsection (4) (a) (i) does not affect the employee’s entitlement to long service leave under—

(a) an award made before 23 June 1990; or

(b) the repealed Industrial Conciliation and Arbitration Act 1961 .

(6) This section does not limit any other entitlement to long service leave the employee may have.