Common use of Transfer of Employment and Continuity of Service Clause in Contracts

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 Employer is given; (xi) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of his or her employment not covered by paragraph (iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs (b)(ii) to (b)(v) above shall be counted as part of the period of his or her service, but any interruption or absence of a kind mentioned in paragraphs (b)(vi) to (b)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

Transfer of Employment and Continuity of Service. (a) Where a business is transferred from one Employer employer (the transferorold employer) to another Employer employer (the transfereenew employer) either before or after this Agreement an Employee who worked with the transferor old employer and who continues in the service of the transferee new employer shall be entitled to count her/his or her service with the transferor old employer as service with the transferee new employer 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 inconsistencyinconsistency where it is more favourable, service shall be deemed to be continuous notwithstanding: (i) the The taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by paragraphs (ii54.2(b)(ii) or (iv54.2(b)(iv) below. (ii) any 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 50 (Personal Personal/Carer’s Leave) of this Agreement. (iii) any 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 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 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 Any interruption arising directly or indirectly from an industrial dispute; (vii) any 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 The dismissal of an Employee if the Employee is re-re- employed within a period not exceeding two months from the date of such dismissal; (ix) any 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 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 Employer is given; (xi) any Any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of her/his or her employment not covered by paragraph (iv54.2(b)(iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs (b)(ii54.2(b)(ii) to (b)(v54.2(b)(v) above shall be counted as part of the period of her/his or her service, but any interruption or absence of a kind mentioned in paragraphs (b)(vi54.2(b)(vi) to (b)(xi54.2(b)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

Transfer of Employment and Continuity of Service. (‌ a) Where a business is transferred from one Employer Baptcare (the transferor) to another Employer Baptcare (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 their 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:notwithstanding:‌ (i) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer Xxxxxxxx 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 Personal/Carers Leave) of this Agreement. (iii) any interruption or ending of the employment by the Employer Baptcare 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 Baptcare 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 Baptcare 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 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 Employer Baptcare is given;, (xi) any other absence of an Employee by leave of the EmployerBaptcare, or on account of injury arising out of or in the course of his or her their employment not covered by paragraph (iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs 58.3 (b)(iib)(i) to (b)(vv) above shall be counted as part of the period of his or her their service, but any interruption or absence of a kind mentioned in paragraphs 58.3 (b)(vib) (vi) to (b)(xixi) shall not be counted as part of the period of service unless it is so authorised in writing by the EmployerBaptcare. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer Baptcare shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

Transfer of Employment and Continuity of Service. (a) Where a business is transferred from one Employer employer (the transferorold employer) to another Employer employer (the transfereenew employer) either before or after this Agreement an Employee who worked with the transferor old employer and who continues in the service of the transferee new employer shall be entitled to count his or her their service with the transferor old employer as service with the transferee new employer 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 (iisubclauses 51.2(b)(ii) or (iv51.2(b)(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 48 (Personal / Carer’s 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; (ixviii) 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; (xix) 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 Employer is given; (xix) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of his or her their employment not covered by paragraph (ivsubclause 51.2(b)(iv) above. (c) In calculating the period of continuous service of any Employee, Employee any interruption or absence of a kind mentioned in paragraphs (b)(iiclauses 51.2(b)(i) to (b)(v51.2(b)(v) above shall be counted as part of the period of his or her their service, but any interruption or absence of a kind mentioned in paragraphs (b)(viclauses 51.2(b)(vi) to (b)(xi51.2(b)(x) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

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. Where an Employee’s unpaid absence in respect of any pregnancy or adoption exceeds the period allowed by the NES but is not more than 12 months, 50% of that absence will be recognised towards the length of the Employee’s continuous service; (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 Employer is given; (xi) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of his or her employment not covered by paragraph (iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs (b)(ii) to (b)(v) and (b)(ix) above shall be counted as part of the period of his or her service, but any interruption or absence of a kind mentioned in paragraphs (b)(vi) to (b)(viii) and (b)(x) to (b)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

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 Employer is given; (xi) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of his or her employment not covered by paragraph (iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs (b)(ii) to (b)(v) above shall be counted as part of the period of his or her service, but any interruption or absence of a kind mentioned in paragraphs (b)(vi) to (b)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) . The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (ed) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

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 her/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 Employer is given; (xi) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of her/his or her employment not covered by paragraph (iv) above. (c) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in paragraphs (b)(ii) to (b)(v) above shall be counted as part of the period of her/his or her service, but any interruption or absence of a kind mentioned in paragraphs (b)(vi) to (b)(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (d) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Employer) (Date) This is to certify that. (Name of Employee) has been employed by for a period of …………………………… (Years/Months/etc.) from......................... to................................ Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination: Position held: Classification Held: Signed: (Stamp of Employer): (e) The Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.