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)
MatchAn employer is 'substantially engaged in the construction industry' where the majority of its work falls within the defined construction industry, including maintenance and repairs of works for extraction, refining, processing, or treatment of materials, such that the exclusion in s3(f) for 'routine or minor' maintenance does not apply.
In text … Industrial law (WA) – Review of a decision of the Construction Industry Long Service Leave Payments Board – Requirement to register as an employer under the Construction Industry …
MatchFor an employee to have engaged in 'serious misconduct' for the purposes of the Long Service Leave Act 1958 (WA) s8(2)(c)(ii), the misconduct must be of sufficient gravity such as to justify termination of the employment relationship in the context of beneficial legislation, and must be capable of denying the employee an entitlement to a statutory...
In text … has completed continuous employment with the employer is entitled to a period of four-weeks annual leave with payment of ordinary ages;
a casual worker may …
ClaimAward (WA state system) · Award interpretation — principles
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
keyword matchleading authoritycited by appellate ×3
MatchA casual employee under this award is an employee who is engaged and paid as such, applying s7B of the Industrial Relations Act 1979 (WA), paid by the hour, and may only be employed for a period of less than one week.
In text … Termination of Casual Employment
(7)Casual employment may be terminated by either party with one hours’ notice.
Dismissal for Misconduct
(8)Nothing in this clause shall …
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
MatchRegulation 8(1a) does not take into consideration any full-time work undertaken by a part-time or casual employee during the accrual period prior to the last 12 months of employment when determining the long service leave entitlement of that employee.
In text … casual employee during the accrual period prior to the last 12 months of his or her employment ceasing with an employer when determining the long service …
ClaimLong service leave (WA) · Award interpretation — principles
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 …
MatchThe phrase 'employment has been ended by his/her Employer' in the context of pro-rata long service leave requires assessment of the causal connection between the end of employment and the conduct of the respondent; a 'but for' test is inadequate and the appropriate causal connection must be determined by examining the text and context of the relevant provision.
In text … years continuous service.
(b) after each further period of seven (7) years continuous service.
…
(11) Pro Rata Long Service Leave
(a) If the employment of an …
ClaimAward interpretation — principles · Long service leave (WA)
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 …
[2012] WAIRC 431— The Australian Rail, Tram v Bus Industry Union Of Employees, West Australian Branch
WAIRC — Full BenchFor applicant
Justice Honourable, Acting President Kenner, Commissioner Mayman·2012-07-11·cited 1×·appellate 1×·
keyword match
RatioThe Full Bench authorised the Registrar to register alterations to the eligibility for membership rule of the Australian Rail, Tram and Bus Industry Union of Employees, WA Branch, converting the rule from reference to "Western Australian Government Railways Services" to the...
In text … years of continuous service shall be entitled to 13 weeks of long service leave on full pay. Employees may by agreement with their employer, clear any …