Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 216B

216B Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity

(1) An employee of a local government other than the Brisbane City Council is a
"permanent employee" of the local government if—

(a) the employee has been continuously employed by the local government for at least 1 year; or

(b) the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.

(2) For subsection (1) —

(a) an employee is continuously employed by a local government for a period if, for the period, the employee is employed—

(i) by the local government; or

(ii) by the local government, and other local governments or local government entities, consecutively; but

(b) an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee—

(i) was not employed by a local government or local government entity; and

(ii) was not in a position to accept an offer of employment by a local government or local government entity.

(3) An employee of a local government entity is a
"permanent employee" of the local government entity if the local government entity declares the employee to be a permanent employee by notice given to the relevant trustee.

(4) However, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if—

(a) the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and

(b) the employee’s employment is dependant on the time taken to carry out the job or project.

(5) Also, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.