MatchThe meaning of 'continuous service' in the Long Service Leave General Order is not defined in the abstract but is ascribed in the context of continuous or unbroken service by reference to the term 'Public Authority', with deeming provisions being a significant and integral feature of that meaning.
In text … continuous service' includes service in
the employment
of the Commonwealth or of another State in accordance with clauses 2, 3 and
16 of the Long Service …
In text … The characteristic that distinguishes casual employment is the absence of a ‘firm advance commitment from the employer to continuing and indefinite work according to an agreed …
MatchThe purpose of long service leave is to reward long service and provide paid leave as respite; limiting 'continuous service' based on when an entitlement appeared in an industrial instrument contradicts this fundamental purpose.
In text … In this case, casual employees may lose something in the difference between ‘continuous employment’ and ‘continuous service’, but they gain a more generous period of long …
MatchDisclosure of further information by respondents would enable conciliation to resolve an industrial matter concerning long service leave entitlements or assist in resolution thereof.
In text … Long Service Leave balances by the absence of records relating to breaks in employment of casual employees, as a result of the historical view that casual …
ClaimConciliation and arbitration powers · Long service leave (WA) via s44 referral of industrial matter (WA)
RatioThe claimant's long service leave entitlement claim fails because he cannot meet the statutory requirement of 'continuous employment with one and the same employer' under s8 of the Long Service Leave Act 1958 (WA). The Full Bench in Baker Hughes established that 'one and the...
In text … of ‘continuous employment with one and the same employer’ to qualify for pro-rata long service leave under s 8 of the Long Service Leave Act …
MatchThe phrase 'continuous service' in casual long service leave clauses of the Education Assistants' (Government) General Agreement 2023 bears its ordinary common-sense meaning and is not limited to service accrued after agreement registration.
In text … long service leave on termination of employment in six qualifying circumstances, some of which require a minimum period of ‘continuous service’.
Casual long service leave was …
ClaimAward interpretation — principles · Long service leave (WA)
MatchA casual employee's normal weekly number of hours for the purposes of calculating long service leave entitlement shall be deemed to be the average weekly number of hours worked during the period of employment, calculated by reference to ascertainable hours if the actual hours worked over that period are not wholly known (s4(2)(c) Long Service Leave Act...
In text … However, the crucial requirement is whether the casual employee was continuously employed by the employer for the requisite period to qualify for long service leave.
¶73 …
ClaimLong service leave (WA) · Transmission of business (Pt 2-8)
MatchA casual employment relationship arising from a single casual contract made at commencement of employment, on terms including working on days and times when requested and with a possibility of no work between assignments, constitutes continuous employment for long service leave purposes so long as the employee remains available for work under the contract.
In text … Industrial Law (WA) – Long Service Leave Act 1958 (WA) – Whether casual employee entitled to long service leave – Meaning of ‘employee’ – Meaning of ‘continuous employment’ – Meaning of …
ClaimLong service leave (WA) · Employee v independent contractor
MatchThe amendment to s6(6) of the Long Service Leave Act recognising continuous employment for casual employees employed under multiple contracts or with other concurrent employment does not alter the fundamental requirement that the liability for long service leave entitlements rests with a single employer.
In text … The clarification of continuous employment for casual or seasonal employees, particularly s 6(6) of the Act, recognises the nuances of casual employment, namely casual employees …
ClaimLong service leave (WA) · Joint employer / multi-entity employment via Interlocutory summary dismissal application
MatchAn employer must give an employee written notice of termination in accordance with statutory periods based on length of continuous service, with an additional week's notice for employees over 45 years of age with two or more years of continuous service.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …
MatchLong service leave entitlements under the Long Service Leave Act 1958 (WA) are not universal minimum conditions that extend to and bind all employees and employers, unlike the Minimum Conditions of Employment Act 1993 (WA). The Long Service Leave Act applies only to 'certain' employees as indicated in its long title, and s 4A is the sole provision which...
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
clarify existing provisions relating to the cashing out of long service leave …
ClaimLong service leave (WA) · s29AA 'industrial instrument' carve-out — when threshold does not apply
RatioThe Commission granted the Department of Education's application to vary the Teachers (Public Sector Primary and Secondary Education) Award 1993 in accordance with the proposed schedule, effective from the beginning of the first pay period commencing on or after 29 June 2020....
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
RatioThe Commission, exercising its s40B power, varied the Farm Employees Award 1985 to remove obsolete provisions, align conditions with the Minimum Conditions of Employment Act 1993 (WA) and federal Fair Work Act 2009 (Cth), eliminate discriminatory language, and modernise the...
In text … employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions …
MatchAn apprentice is expressly included in the definition of 'employee' under s 4(1) of the Long Service Leave Act 1958 (WA), and therefore a period of apprenticeship must be construed as part of an employee's 'continuous employment' for the purposes of s 8(1).
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
b) clarify existing provisions relating to the cashing out of long service …
MatchPaid parental leave entitlements comprise 14 weeks paid leave and 38 weeks unpaid leave for eligible employees, with eligibility requiring 12 months continuous service in the public sector, subject to exceptions for casual employees.
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
MatchCasual employment must be defined by reference to s 7B of the IR Act 1979 (WA), and a minimum engagement period may be specified.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …
RatioThe Full Bench upheld the narrow construction of s5 of the Long Service Leave Act 1958 (WA) to apply only to accrued entitlements, not future contingent entitlements. Section 5 does not permit an employer and employee to agree in advance that the employee will forego future...
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
> b) clarify existing provisions relating to the cashing out of long service …
ClaimAward interpretation — principles · Long service leave (WA)
MatchUnder the LSL Act, an allegation of gross misconduct made after an employee's resignation notice is given, without specification of grounds, without notice to the employee, and 16 days after resignation, is inconsistent with genuine serious misconduct and does not vitiate the employer's statutory obligation to pay long service leave on termination.
In text … An entitlement to long service leave arises upon the completion of at least 10 years of continuous employment whereupon an employee is entitled to eight and …