Common use of Calculation of Continuous Service Clause in Contracts

Calculation of Continuous Service. 21.4.1 For the purposes of this clause service will be continuous despite: 21.4.1 (a) any interruption or termination of the employment by the Company if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; 21.4.1 (b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; or 21.4.1 (c) any absence with reasonable cause proof whereof shall be upon the employee. 21.4.2 In cases of personal sickness or accident or absence with reasonable cause, an employee, to become entitled to the benefit of this clause, shall inform the Company in writing, if practicable, within 48 hours of the commencement of such absence of the inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence. A notification given by an employee pursuant to 22.4.4 of this Schedule shall be accepted as notification under this clause. 21.4.3 Any absence from work not mentioned in this clause will not break the continuity of service for the purposes of this clause unless the Company, during the absence or within fourteen days of the termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 In cases of individual absenteeism such notice shall be given in writing to the employee concerned In cases of absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 21.4.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the last recorded address, in which case it shall be deemed to have reached the employee in due course by post. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

Calculation of Continuous Service. 21.4.1 For the purposes of this clause clause, service will shall be deemed to be continuous despite: 21.4.1 (a) notwithstanding an employee’s absence from work for any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or termination determination of the employment by the Company if such interruption or termination which has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; 21.4.1 (b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Companyunder this clause; or 21.4.1 (c) any absence with reasonable cause proof whereof shall be upon the employee. 21.4.2 In cases of personal sickness or accident or • Any absence with reasonable cause, an employee, to become entitled to proof whereof shall be on the benefit employee and acceptance is at the discretion of this clause, the Company; • Any reason deemed satisfactory by the company provided that the reason shall inform not be deemed satisfactory unless the employee has informed the Company in writing, if practicable, within 48 twenty-four hours of the commencement of such absence normal commencing time or as soon as practicable thereafter of the inability to attend reason for duty, the absence and as far as practicable the nature of the illness, injury or cause, and the estimated probable duration of the absencethereof. A notification given by an employee pursuant to 22.4.4 of this Schedule shall be accepted as notification under this clause. 21.4.3 Any absence from work by reason of any cause not mentioned being the cause specified in this clause will not break paragraph shall be deemed to have broken the continuity of service for the purposes of this clause unless the Company, service. The Company during the absence or within fourteen 14 days of the termination of the absence, notifies will notify the employee in writing that such absence will be regarded as having has resulted in their termination and broken the continuity of service. 21.4.4 In cases of individual absenteeism such . Such notice shall be given in writing to the employee concerned In cases of absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 21.4.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the their last recorded addressaddress through ordinary post, in which case it shall be deemed to have reached the employee them in due course by postcourse. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

Calculation of Continuous Service. 21.4.1 For the purposes of this clause service will shall be deemed to be continuous despitenotwithstanding: 21.4.1 (a) 34.4.1. any interruption or termination determination of the employment by the Company employer if such interruption or termination determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; 21.4.1 (b) 34.4.2. any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Companyemployer; or 21.4.1 (c) 34.4.3. any absence with reasonable cause cause, proof whereof shall be upon the employee. 21.4.2 (a) In cases respect of personal sickness or accident or absence with reasonable causereferred to in subclause 34.4.3 hereof, an employeethe employee shall, in addition to become entitled to the benefit of this clausetheir obligation thereunder, shall inform the Company employer in writing, if practicable, within 48 24 hours of the commencement of such absence of the their inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, reason for and the estimated duration of the such absence. A notification given by an employee pursuant to 22.4.4 of this Schedule shall be accepted as notification under this clause. 21.4.3 (b) In calculating the period of twelve months continuous service any such absence as aforesaid shall not, except to the extent of not more than twenty working days in a twelve monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months continuous service. Any absence from work by reason of any cause not mentioned being a cause specified in this clause will subclause shall not be deemed to break the continuity of service for the purposes purpose of this clause unless the Company, employer during the absence or within fourteen days of the termination of the absence, absence notifies the employee in writing accordance with this subclause, that such absence will be regarded as having broken the continuity of service. 21.4.4 (c) In cases of individual absenteeism such notice shall be given in writing to the employee concerned In but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, plant in the manner in which general notifications to employees are usually made in that plant and by posting to the each union whose members have participated in such concerted or collective absenteeism, absenteeism a copy of such notification it not later than the day it is posted up in the plant. 21.4.5 (d) A notice to an individual employee may be given by delivering it to the employee them personally or by posting it to the their last recorded address, address in which case it shall be deemed to have reached the employee them in due course by post. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

Calculation of Continuous Service. 21.4.1 (a) For the purposes of this clause service will be Service is continuous despiteregardless of: 21.4.1 (ai) any interruption or termination determination of the employment by the Company if If such interruption or termination determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;; or 21.4.1 (bii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; or 21.4.1 (ciii) any absence with reasonable cause cause, proof whereof shall be lie upon the employeeEmployee. 21.4.2 (b) In cases the case of personal sickness or accident or absence with reasonable cause, an employee, Employee to become (entitled to the benefit of this clausesub clause shall have complied with the following: (i) Subject to the paragraph below hereof, shall inform an Employee who is absent from work without the Company Company's consent for a continuous period equalling one working day or more, shall, on the first day of the absence, at the commencement of the Employee's shift, if, practicable and in writing, if practicable, any other event within 48 four hours of the commencement of such absence the shift, inform the Company of the inability to attend for duty, and as far as practicable absence stating the nature of the illness, injury or cause, reasons and the estimated duration thereof. (ii) Employees who establish that their failure to give the required particulars of an absence was reasonable in the absence. A notification given by an employee pursuant to 22.4.4 circumstances shall not be in breach of this Schedule shall be accepted as notification under this clausesubclause. 21.4.3 (c) Any absence from work by reason of any cause not mentioned being a cause specified in this clause will subclause shall not be deemed to break the continuity of service for the purposes purpose of this clause unless the Company, Company during the absence or within fourteen days of the termination of the absence, absence notifies the employee Employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 (d) In cases the case of individual absenteeism such notice shall be given in writing to the employee Employee concerned In but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, plant in the a manner in which general notifications to employees Employees are usually made in that the plant and by posting a copy to the union Union whose members have participated in such concerted or collective absenteeism, a copy of such notification absenteeism not later than the day it is posted up in the plant. 21.4.5 (e) A notice to an individual employee Employee may be given by delivering it to the employee them personally or by posting it to the their last recorded address, in which case it shall be deemed to have reached the employee them in due course by of post. 21.4.6 In calculating the amount of (f) An Employee's "continuous service any service" will be determined in accordance with section 22 of the absences referred to in this clause will not be taken into account except for those that are:Fair Work Act 2009 (Cth).

Calculation of Continuous Service. 21.4.1 a) For the purposes of this clause clause, service will shall be deemed to be continuous despitenotwithstanding: 21.4.1 (ai) any interruption or termination determination of the employment by the Company employer if such interruption or termination determination has been made merely with the intention of avoiding obligations hereunder in this clause in respect of leave of absence; 21.4.1 (bii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; oremployer; 21.4.1 (ciii) any absence with reasonable cause cause, proof whereof of which shall be upon the employee; or (iv) any transfer of business. 21.4.2 b) In cases respect of personal sickness or accident or an absence with reasonable cause, an employee, referred to become entitled to the benefit of in this sub-clause, shall the employee shall, in addition to their other Agreement obligations, inform the Company employer in writing, if writing of their inability to attend for duty. If practicable, this advice will be given within 48 24 hours of the commencement of such absence of the inability to attend absence. The advice will include the reason for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence. A notification given by an employee pursuant to 22.4.4 of this Schedule shall be accepted as notification under this clause. 21.4.3 c) In calculating the period of twelve months continuous service, any absence of the type referred to above, shall not be taken into account in calculating the period of twelve months continuous service. The exception to this will be absences of not more than twenty working days in a twelve-month period because of sickness or accident. Any absence from work for reasons not mentioned specified in this clause will not only be deemed to break the continuity of service for if the purposes of this clause unless employer notifies the Company, employee during the absence or within fourteen days of the termination of the absence, notifies that the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 d) In cases the case of individual absenteeism such notice shall be given in writing to the employee concerned In cases of absenteeism concerted or more than one individual collective absenteeism, notice may be given to employees by the posting up of a notification in the plant, plant in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 21.4.5 e) A notice to an individual employee may is to be given by delivering it to the employee them personally or by posting it to the their last recorded address, address in which case it shall be deemed to have reached the employee them in due course by post. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

Calculation of Continuous Service. 21.4.1 For the purposes of this clause service will be Service is continuous despite: 21.4.1 (a) regardless of: • any interruption or termination determination of the employment by the Company company if such interruption or termination determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; 21.4.1 (b) ; or • any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Companycompany; or 21.4.1 (c) or • any absence with reasonable cause cause, proof whereof shall be lie upon the employee. 21.4.2 . In cases the case of personal sickness or accident or absence with reasonable cause, an employee, employee to become entitled to the benefit of this clausesub clause shall have complied with the following; • Subject to the paragraph below hereof, shall inform an employee who is absent from work without the Company Company's consent for a continuous period equalling one working day or more, shall, on the first day of the absence, at the commencement of the employee’s shift, if, practicable and in writing, if practicable, any other event within 48 four hours of the commencement of such absence the shift, inform the Company of the inability to attend for duty, and as far as practicable absence stating the nature of the illness, injury or cause, reasons and the estimated duration thereof. • Employees who establish that their failure to give the required particulars of an absence was reasonable in the absence. A notification given by an employee pursuant to 22.4.4 circumstances shall not be in breach of this Schedule shall be accepted as notification under this clause. 21.4.3 subclause. Any absence from work by reason of any cause not mentioned being a cause specified in this clause will subclause shall not be deemed to break the continuity of service for the purposes purpose of this clause unless the Company, Company during the absence or within fourteen days of the termination of the absence, absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 . In cases the case of individual absenteeism such notice shall be given in writing to the employee concerned In but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, plant in the a manner in which general notifications to employees are usually made in that the plant and by posting a copy to the union Union whose members have participated in such concerted or collective absenteeism, a copy of such notification absenteeism not later than the day it is posted up in the plant. 21.4.5 . A notice to an individual employee may be given by delivering it to the employee them personally or by posting it to the their last recorded address, in which case it shall be deemed to have reached the employee them in due course by of post. 21.4.6 . In calculating the amount a period of continuous service any for the purposes of this clause, the following absences referred shall be treated as time served. • up to 152 hours of absence due to sickness or accident; and • up to 152 hours of absence on workers compensation; • long service leave taken by an employee, in accordance with this clause will not be taken into account except for those that are:agreement.

Calculation of Continuous Service. 21.4.1 31.4.1 For the purposes purpose of this clause service will shall be deemed to be continuous despitenotwithstanding: 21.4.1 31.4.1 (a) any interruption or termination of the employment by the Company employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; 21.4.1 31.4.1 (b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Companyemployer; or 21.4.1 31.4.1 (c) any absence with reasonable cause proof whereof shall be upon the employee. 21.4.2 31.4.2 In cases of personal sickness or accident or absence with reasonable cause, an employee, cause the employee to become entitled to the benefit of this clause, subclause shall inform the Company employer, in writing, writing if practicable, within 48 24 hours of the commencement of such absence of the his/her inability to attend for duty, duty and as far as practicable the nature of the illness, injury or cause, cause and the estimated duration of the his/her absence. A notification given by an the employee pursuant to 22.4.4 of this Schedule clause 32 shall be accepted as a notification under this clausesubclause. 21.4.3 31.4.3 Any absence from work by reason of any cause not mentioned being a cause specified in this clause will subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the Company, employer during the absence or within fourteen days of the termination of the absence, absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 31.4.4 In cases of individual absenteeism such notice shall be given in writing to the employee concerned In concerned, but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union each Union whose members have participated in such concerted or collective absenteeism, absenteeism a copy of such notification it not later than the day it is posted up in the plant. 21.4.5 31.4.5 A notice to an individual employee may be given by delivering it to the employee him/her personally or by posting it to the his/her last recorded address, in which case it shall be deemed to have reached the employee him/her in due course by post. 21.4.6 31.4.6 In calculating the amount period of twelve months' continuous service any of the following absences referred to in this clause will not shall be taken into account except for those that areand counted as time worked:

Calculation of Continuous Service. 21.4.1 28.7.1 For the purposes of this clause service will be continuous despite: 21.4.1 (a) 28.7.1.1 any interruption or termination of the employment by the Company employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;, or 21.4.1 (b) 28.7.1.2 any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; employer, or 21.4.1 (c) 28.7.1.3 any absence with reasonable cause proof whereof shall be upon the employee. 21.4.2 28.7.2 In cases of personal sickness or accident or absence absences with reasonable cause, an employee, cause the employee to become entitled to the benefit of this clause, shall clause will inform the Company employer in writing, if practicable, within 48 hours of the commencement of such absence of the inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence. A notification given by an employee pursuant to 22.4.4 clause 29.4 of this Schedule shall Agreement will be accepted as notification under this sub-clause. 21.4.3 28.7.3 Any absence from work by reason of any cause not mentioned being a cause specified in this clause will not be deemed to break the continuity of service for the purposes of this clause unless the Company, employer during the absence or within fourteen days of the termination of the absence, absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 28.7.4 In cases of individual absenteeism such notice shall will be given in writing to the employee concerned In concerned, but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 21.4.5 28.7.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the last recorded address, address in which case it shall will be deemed to have reached the employee in due course by post. 21.4.6 28.7.6 In calculating the amount qualifying period of continuous service any of the absences referred to in this clause such absence as aforesaid will not be taken into account except for those that areexcept: 28.7.6.1 28 days or less in the case of sickness or accident. 28.7.6.2 Annual leave or long service leave granted to the employee.

Calculation of Continuous Service. 21.4.1 (a) For the purposes of this clause clause, service will shall be deemed to be continuous despitenotwithstanding: 21.4.1 (ai) any interruption or termination determination of the employment by the Company if such interruption or termination determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;; or 21.4.1 (bii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; or 21.4.1 (ciii) any absence with reasonable cause proof whereof shall be lie upon the employee. 21.4.2 (b) In cases the case of personal sickness or accident or absence with reasonable cause, an employee, employee to become entitled to the benefit of this clause, subclause shall inform the Company in writing, if practicable, within 48 hours have complied with subclause 7.9 (Notification of the commencement of such absence of the inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence. A notification given by an employee pursuant to 22.4.4 Absence) of this Schedule shall be accepted as notification under this clauseagreement. 21.4.3 (c) Any absence from work by reason of any cause not mentioned being a cause specified in this clause will subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the Company, Company during the absence or within fourteen days of the termination of the absence, absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. 21.4.4 (d) In cases the case of individual absenteeism such notice shall be given in writing to the employee concerned In but in cases of concerted or collective absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, branch in the manner in which general notifications to employees are usually made in that plant branch and by posting a copy to the each union whose members have participated in such concerted or collective absenteeism, a copy of such notification absenteeism not later than the day it is posted up in the plantbranch. 21.4.5 (e) A notice to an individual employee may be given by delivering it to the employee him personally or by posting it to the his last recorded address, in which case it shall be deemed to have reached the employee him in due course by of post. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are: