Common use of Service counted for Long Service Leave Clause in Contracts

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer and will be deemed to include: (i) absence of the employee on an Annual Leave or Public Holidays; (ii) absence of the employee on paid Personal Leave or on an approved rostered day off; (iii) absence of the employee on approved Personal Leave Without Pay except that portion of a continuous absence which exceeds 3 months; (iv) absence of the employee on approved Leave Without Pay, other than Personal Leave but not exceeding 2 weeks in any qualifying period; (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their employer; (vi) absence of the employee on workers’ compensation for any period not exceeding 6 months; (vii) absence of the employee on Long Service Leave; (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.13. (b) The service of an employee will be deemed not to include: (i) service of an employee after the day on which they have become entitled to 26 weeks’ Long Service Leave until the day on which they commence the taking of 12 weeks of that leave; (ii) any period of service with an Employer of less than 12 months. Provided that where an employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.9, such period of service will count; or (iii) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a). (c) Subject to the provisions of clause 39.3(a) and 39.3(b), the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign from one public authority in this State within 1 working week of the expiration of any period for which payment in lieu of Annual Leave and/or Public Holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (A) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.9, has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer and will be deemed to include: (i) absence of the employee on an Annual Leave annual leave or Public Holidays;public holidays. (ii) absence of the employee on paid Personal Leave personal leave or on an approved rostered day off;. (iii) absence of the employee on approved Personal Leave Without Pay personal leave without pay except that portion of a continuous absence which exceeds 3 months;. (iv) absence of the employee on approved Leave Without Payleave without pay, other than Personal Leave personal leave but not exceeding 2 weeks in any qualifying period;. (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their employer;. (vi) absence of the employee on workers’ compensation for any period not exceeding 6 months; (vii) absence of the employee on Long Service Leavelong service leave; (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.1338.13. (b) The service of an employee will be deemed not to include: (i) service of an employee after the day on which they have become entitled to 26 weeks’ Long Service Leave long service leave until the day on which they commence the taking of 12 weeks of that leave; (ii) any period of service with an Employer employer of less than 12 months. Provided that where an employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.938.9, such period of service will count; (iii) any period during which an employee has been paid as a casual; or (iiiiv) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a38.3(a). (c) Subject to the provisions of clause 39.3(a38.3(a) and 39.3(b38.3(b), the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign resigns from one public authority in this State within 1 working week of the expiration of any period for which payment in lieu of Annual Leave annual leave and/or Public Holidays public holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer employer for any reason other than serious misconduct, but only if: (A) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.938.9, has not been made; or (iii) by any absence approved by the Employer employer as leave whether with or without pay.

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer Authority and will be deemed to include:include:- (i) absence of the employee on an Annual Leave annual leave or Public Holidays;public holidays. (ii) absence of the employee on paid Personal Leave sick or on an approved rostered day off;. (iii) absence of the employee on approved Personal Leave Without Pay sick leave without pay except that portion of a continuous absence which exceeds 3 three (3) months;. (iv) absence of the employee on approved Leave Without Payleave without pay, without pay other than Personal Leave sick leave but not exceeding 2 two (2) weeks in any qualifying period;. (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s employees’ military pay and their his/her civilian pay is made up or would, but for the fact that their his military pay exceeds their his/her civilian pay, be made up by their employer;his/her Employer. (vi) absence of the employee on workers’ workers compensation for any period not exceeding 6 six (6) months, or for such greater period as the Employer may allow; (vii) absence of the employee on Long Service Leave;long service leave. (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.13(15) of this clause. (b) The service of an employee will be deemed not NOT to include:include:- (i) service of an employee after the day on which they have he/she has become entitled to 26 weeks’ Long Service Leave weeks long service leave until the day on which they commence he/she commences the taking of 12 thirteen (13) weeks of that leave;. (ii) any period of service with an Employer of less than 12 twelve (12) months. Provided that where an employee has service of a month or more but less than 12 twelve (12) months immediately prior to being transferred by one State Government employer Employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.9, such period of service will count; or (iii) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a). (c) Subject to the provisions of clause 39.3(a) and 39.3(b), the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign from one public authority in this State within 1 working week of the expiration of any period for which payment in lieu of Annual Leave and/or Public Holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (A) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.9, has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.subclause

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer and will be deemed to include: (i) absence of the employee on an Annual Leave or Public Holidays;. (ii) absence of the employee on paid Personal Leave or on an approved rostered day off;. (iii) absence of the employee on approved Personal Leave Without Pay except that portion of a continuous absence which exceeds 3 months;. (iv) absence of the employee on approved Leave Without Pay, other than Personal Leave but not exceeding 2 weeks in any qualifying period;. (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their employer;. (vi) absence of the employee on workers’ compensation for any period not exceeding 6 months; (vii) absence of the employee on Long Service Leave; (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.13. (b) The service of an employee will be deemed not to include: (i) service of an employee after the day on which they have become entitled to 26 weeks’ Long Service Leave until the day on which they commence the taking of 12 weeks of that leave; (ii) any period of service with an Employer employer of less than 12 months. Provided that where an employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.9, such period of service will count; (iii) any period during which an employee has been paid as a casual; or (iiiiv) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a). (c) Subject to the provisions of clause 39.3(a) and 39.3(b), the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign resigns from one public authority in this State within 1 working week of the expiration of any period for which payment in lieu of Annual Leave and/or Public Holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer for any reason other than serious misconduct, but only if: (A) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.9, has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer and will be deemed to include: (i) absence of the employee on an Annual Leave annual leave or Public Holidays;public holidays. (ii) absence of the employee on paid Personal Leave personal leave or on an approved rostered day off;. (iii) absence of the employee on approved Personal Leave Without Pay personal leave without pay except that portion of a continuous absence which exceeds 3 months;. (iv) absence of the employee on approved Leave Without Payleave without pay, other than Personal Leave personal leave but not exceeding 2 weeks in any qualifying period;. (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s military pay and their civilian pay is made up or would, but for the fact that their military pay exceeds their civilian pay, be made up by their employer;. (vi) absence of the employee on workers’ compensation for any period not exceeding 6 months; (vii) absence of the employee on Long Service Leavelong service leave; (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.1338.13. (b) The service of an employee will be deemed not to include: (i) service of an employee after the day on which they have become entitled to 26 weeks’ Long Service Leave long service leave until the day on which they commence the taking of 12 weeks of that leave; (ii) any period of service with an Employer employer of less than 12 months. Provided that where an employee has service of a month or more but less than 12 months immediately prior to being transferred by one State Government employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.938.9, such period of service will count; (iii) any period during which an employee has been paid as a casual; or (iiiiv) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a38.3(a). (c) Subject to the provisions of clause 39.3(a38.3(a) and 39.3(b38.3(b), the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign resigns from one public authority in this State within 1 working week of the expiration of any period for which payment in lieu of Annual Leave annual leave and/or Public Holidays public holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 working week of the day on which their resignation becomes effective; (ii) if their employment is ended by their Employer employer for any reason other than serious misconduct, but only if: (A) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.9, has not been made; or (iii) by any absence approved by the Employer employer as leave whether with or without pay.

Service counted for Long Service Leave. (a) For the purpose of these conditions “service” means service as an employee of a Western Australian Public Sector employer Authority and will be deemed to include:include:- (i) absence of the employee on an Annual Leave annual leave or Public Holidays;public holidays. (ii) absence of the employee on paid Personal Leave sick or on an approved rostered day off;. (iii) absence of the employee on approved Personal Leave Without Pay sick leave without pay except that portion of a continuous absence which exceeds 3 three (3) months;. Provided that prior to 1 July 1957 only two (2) weeks in any year will be allowed and provided that prior to 1 April 1974 and after 1 July 1957 only six (6) weeks in any year will be allowed. (iv) absence of the employee on approved Leave Without Payleave without pay, without pay other than Personal Leave sick leave but not exceeding 2 two (2) weeks in any qualifying period;. (v) absence of the employee on National Service or other military training, but only if the difference between the employee’s employees’ military pay and their his/her civilian pay is made up or would, but for the fact that their his military pay exceeds their his/her civilian pay, be made up by their his/her employer;. (vi) absence of the employee on workers’ workers compensation for any period not exceeding 6 six (6) months, or for such greater period as the Western Australian Minister for Industrial Relations may allow; (vii) absence of the employee on Long Service Leave;long service leave which accrues on or after 1 April 1974. (viii) absence of an employee on approved leave to attend Trade Union training courses or on approved leave to attend Trade Union business; and (ix) employment in the service of the Commonwealth or another State of Australia as provided in subclause 39.1338.13 below, when employment in the State Government commences on or after 1 April 1974. (b) The service of an employee will be deemed not NOT to include:include:- (i) service of an employee after the day on which they have he/she has become entitled to 26 weeks’ Long Service Leave weeks long service leave until the day on which they commence he/she commences the taking of 12 twelve (12) weeks of that leave;. (ii) any period of service with an Employer employer of less than 12 twelve (12) months. Provided that where after 1 April 1974 an employee has service of a month or more but less than 12 twelve (12) months immediately prior to being transferred by one State Government employer to another; becoming redundant or qualifying for pro rata payments in lieu of leave pursuant to subclause 39.938.9 below, such period of service will count; or; (iii) any period during which an employee has been paid as a casual; (iv) any other absence of the employee except such absences as are included in service by virtue of subclause 39.3(a)38.4(a) above; and (v) any service of an employee prior to 1 April 1974 where that employee was less than 18 years of age. (c) Subject to the provisions of clause 39.3(a38.4(a) and 39.3(b)38.4(b) above, of these conditions the service of an employee will not be deemed to have been broken; (i) by resignation, if they resign he/she resigns from one public authority in this State within 1 one (1) working week of the expiration of any period for which payment in lieu of Annual Leave and/or Public Holidays has been made by the employer from which the employee resigned, or, if no such payment has been made, within 1 one (1) working week of the day on which their his resignation becomes become effective; (ii) if their his/her employment is ended by their Employer his/her employer for any reason other than serious misconduct, but only if:if - (Aiii) the employee resumes employment with the Government not later than 6 months from the day on which their employment ended; and (B) payment pursuant to subclause 39.9, has not been made; or (iii) by any absence approved by the Employer as leave whether with or without pay.six