Common use of PERIODS OF SERVICE Clause in Contracts

PERIODS OF SERVICE. (i) For earlier periods of service to count there must be no breaks between the periods of service, except where: the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. (ii) Subject to 48.7 (i) service for redundancy pay purposes means: service with the Commission; Government service as defined in section 10 of the Long Service Leave Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body corporate in which the Commonwealth has a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for severance pay purposes; and service in another organisation where an employee was moved from the APS to give effect to an administrative re-arrangement; or where an employee is engaged as an APS employee as a result of an administrative re-arrangement; and such service is recognised for long service leave purposes. Any period or service which ceased through termination of employment on the following grounds will not count as service for redundancy pay purposes: the employee lacks, or has lost an essential qualification for performing his or her duties; non-performance, or unsatisfactory performance of duties; inability to perform duties because of physical or mental incapacity; failure to satisfactorily complete an entry level training course; failure to meet a condition imposed under subsection 22(6) of the Public Service Act, including probation; a breach of the Code of Conduct; for a reason equivalent to a reason listed above at 48.7 (a) to (f) under the repealed Public Service Act 1922 any other ground prescribed by the Public Service Regulations; through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer financed retirement benefit.

Appears in 1 contract

Samples: Enterprise Agreement

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PERIODS OF SERVICE. (i) For earlier periods of service to count there must be no breaks between the periods of service, except where: the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. (ii) Subject to 48.7 47.8 (i) service for redundancy pay purposes means: service with the Commission; Government service as defined in section 10 of the Long Service Leave Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body corporate in which the Commonwealth has a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for severance pay purposes; and service in another organisation where an employee was moved from the APS to give effect to an administrative re-arrangement; or where an employee is engaged as an APS employee as a result of an administrative re-arrangement; and such service is recognised for long service leave purposes. . (iii) Any period or service which ceased through termination of employment on the following grounds will not count as service for redundancy pay purposes: the employee lacks, or has lost an essential qualification for performing his or her duties; non-performance, or unsatisfactory performance of duties; inability to perform duties because of physical or mental incapacity; failure to satisfactorily complete an entry level training course; failure to meet a condition imposed under subsection 22(6) of the Public Service Act, including probation; a breach of the Code of Conduct; for a reason equivalent to a reason listed above at 48.7 (a) to (f) under the repealed Public Service Act 1922 any other ground prescribed by the Public Service Regulations; through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer financed retirement benefit.;

Appears in 1 contract

Samples: Enterprise Agreement

PERIODS OF SERVICE. (i) For earlier periods of service to count there must be no breaks between the periods of service, except where: : a. the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or or b. the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922Xxx 0000. (ii) Subject to 48.7 47.8 (i) service for redundancy pay purposes means: : a. service with the Commission; ; b. Government service as defined in section 10 of the Long Service Leave Act 1976; Xxx 0000; c. service with the Commonwealth (other than service with a joint Commonwealth-State body corporate in which the Commonwealth has a controlling interest) which is recognised for long service leave purposes; ; d. service with the Australian Defence Forces; ; e. APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922Xxx 0000, if the service has not previously been recognised for severance pay purposes; and and f. service in another organisation where an employee was moved from the APS to give effect to an administrative re-arrangement; or where an employee is engaged as an APS employee as a result of an administrative re-arrangement; and such service is recognised for long service leave purposes. . (iii) Any period or service which ceased through termination of employment on the following grounds will not count as service for redundancy pay purposes: : a. the employee lacks, or has lost an essential qualification for performing his or her duties; ; b. non-performance, or unsatisfactory performance of duties; ; c. inability to perform duties because of physical or mental incapacity; ; d. failure to satisfactorily complete an entry level training course; ; e. failure to meet a condition imposed under subsection 22(6) of the Public Service Act, including probation; ; f. a breach of the Code of Conduct; for a reason equivalent to a reason listed above at 48.7 (a) to (f) under the repealed Public Service Act 1922 any other ground prescribed by the Public Service Regulations; through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer financed retirement benefit.;

Appears in 1 contract

Samples: Enterprise Agreement

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PERIODS OF SERVICE. (i) For earlier periods of service to count there must be no breaks between the periods of service, except where: : a. the break in service is less than 1 month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or or b. the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922. (ii) Subject to 48.7 (i) service for redundancy pay purposes means: : a. service with the Commission; ; b. Government service as defined in section 10 of the Long Service Leave Act 1976; ; c. service with the Commonwealth (other than service with a joint Commonwealth-State body corporate in which the Commonwealth has a controlling interest) which is recognised for long service leave purposes; ; d. service with the Australian Defence Forces; ; e. APS service immediately preceding deemed resignation under the then section 49 (as repealed in 1966) of the repealed Public Service Act 1922, if the service has not previously been recognised for severance pay purposes; and and f. service in another organisation where an employee was moved from the APS to give effect to an administrative re-arrangement; or where an employee is engaged as an APS employee as a result of an administrative re-arrangement; and such service is recognised for long service leave purposes. . (iii) Any period or service which ceased through termination of employment on the following grounds will not count as service for redundancy pay purposes: : a. the employee lacks, or has lost an essential qualification for performing his or her duties; ; b. non-performance, or unsatisfactory performance of duties; ; c. inability to perform duties because of physical or mental incapacity; ; d. failure to satisfactorily complete an entry level training course; ; e. failure to meet a condition imposed under subsection 22(6) of the Public Service Act, including probation; ; f. a breach of the Code of Conduct; for a reason equivalent to a reason listed above at 48.7 (a) to (f) under the repealed Public Service Act 1922 any other ground prescribed by the Public Service Regulations; through voluntary retrenchment at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer financed retirement benefit.;

Appears in 1 contract

Samples: Enterprise Agreement

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