Transfer of Employment and Continuity of Service. (a) Where a business is transferred from one Employer (the transferor) to another Employer (the transferee) either before or after this Agreement an Employee who worked with the transferor and who continues in the service of the transferee shall be entitled to count his or her service with the transferor as service with the transferee for the purposes of this clause.
(b) For the purposes of this clause, but subject to s.22 of the Fair Work Act which will override the following provisions to the extent of any inconsistency, service shall be deemed to be continuous notwithstanding:
(i) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by paragraphs (ii) or (iv) below.
(ii) any absence from work of not more than fourteen days in any year on account of illness or injury or if applicable such longer period as provided in Clause 54 (Personal Leave) of this Agreement.
(iii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
(iv) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under the accident pay provisions of this Agreement;
(v) any unpaid leave of absence of the Employee where the absence is authorised in advance in writing by the Employer to be counted as service;
(vi) any interruption arising directly or indirectly from an industrial dispute;
(vii) any period of absence from employment between the engagement with one facility of the Employer and another provided it is less than the Employee's allowable period of absence from employment. An Employee's allowable period of absence from employment shall be five weeks in addition to the total period of paid annual and/or sick leave which the Employee actually received on termination or for which was paid in lieu;
(viii) the dismissal of an Employee if the Employee is re-employed within a period not exceeding two months from the date of such dismissal;
(ix) any unpaid absence from work of an Employee for a period not exceeding the period allowed by the NES in respect of any pregnancy or adoption;
(x) in the case of a Registered Nurse or Enrolled Nurse, any unpaid absence of not more than 24 months for the sole purpose of undertaking a course of study related to nursing where the written approval of the Employe...
Transfer of Employment and Continuity of Service. (a) Where a business is transferred from one employer (the old employer) to another employer (the new employer) either before or after this Agreement an Employee who worked with the old employer and who continues in the service of the new employer shall be entitled to count his or her service with the old employer as service with the new employer for the purposes of this clause.
(b) For the purposes of this clause, service shall be deemed to be continuous notwithstanding:
Transfer of Employment and Continuity of Service. (a) Where a business is transferred from one Employer (the transferor) to another Employer (the transferee) either before or after this Agreement an Employee who worked with the transferor and who continues in the service of the transferee shall be entitled to count his or her service with the transferor as service with the transferee for the purposes of this clause.
(b) For the purposes of this clause, service shall be deemed to be continuous notwithstanding:
(i) Any absence from work on any form of paid leave (including, but not limited to, annual leave, long service leave, personal/carer’s leave, paid parental leave and paid family and domestic violence leave) or other paid leave approved in writing by the Employer.
(ii) any absence from employment on defence service in accordance with the Defence Reserve Service (Protection) Act 2001 (Cth);
(iii) any absence from work on community service leave under the Fair Work Act;
