Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 134

134 Continuity of service—generally

(1) Service with a partnership and an employer who was, or becomes, a member of the partnership is taken to be continuous service with the same employer.

(2) An employee’s continuity of service with an employer is not broken if the employee’s service is temporarily lent or let on hire by the employer to another employer.

(3) An employee’s continuity of service with an employer is not broken by an absence, including through illness or injury—

(a) on paid leave approved by the employer; or

(b) on unpaid leave approved by the employer.

(4) An employee’s continuity of service with an employer is not broken if—

(a) the employee’s employment is terminated by the employer or employee because of illness or injury; and

(b) the employer re-employs the employee; and

(c) the employee has not been employed in a calling, whether on the employee’s own account or as an employee, between the termination and the re-employment.

(5) An employee’s continuity of service with an employer is not broken if—

(a) the employee’s employment is terminated by the employer or employee; and

(b) the employer re-employs the employee within 3 months after the termination.

(6) An employee’s continuity of service with an employer is not broken if—

(a) the employee’s employment is interrupted or terminated by the employer with intent to avoid an obligation under this part, an applicable industrial instrument or contract of employment; or

(b) the employee’s employment is interrupted or terminated by the employer as a direct or indirect result of an industrial dispute, and the employer re-employs the employee.

(7) An employee’s continuity of service is not broken if—

(a) the employee’s employment is interrupted or terminated by the employer because of slackness of trade or business; and

(b) the employer re-employs the employee.

(8) Service with a corporation and any of the corporation’s subsidiaries is taken to be continuous service with the same employer.

(9) However, a period for which the employee is away from work under subsection (3) (b) , (4) , (5) , (6) (b) or (7) is not service under this part unless—

(a) this Act or an applicable industrial instrument provides otherwise; or

(b) the commission directs otherwise.

(10) In this section—

"subsidiary" has the meaning given by the Corporations Act .

"terminate" includes stand down.