768BOCopied State instrument—service

768BO Copied State instrument—service

General rule

(1) Service of a transferring employee with the old State employer that:

(a) occurred before the employee’s termination time; and

(b) counted for the purposes of the application to the employee of the original State award or original State agreement for the copied State instrument for the employee;

also counts as service of the employee with the new employer for the purposes of the application to the employee of the copied State instrument after the employee’s re‑employment time.

Gap between termination time and re‑employment time

(2) If there is a period of time between the employee’s termination time with the old State employer and the employee’s re‑employment time with the new employer, then that period:

(a) does not break the employee’s continuous service with the new employer (taking account of the effect of subsection (1)); but

(b) does not count towards the length of the employee’s continuous service with the new employer.

Effect of consolidation order

(3) If the FWC makes a consolidation order under subsection 768BD(1), then, despite section 768BF, the original State award or original State agreement referred to in paragraph (1)(b) of this section is the original State award or original State agreement for the copied State instrument for the employee before the consolidation order was made.