Industrial Relations Act 1996
102Continuity of service for determining entitlements
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102 Continuity of service for determining entitlements
102 Continuity of service for determining entitlements
(1) This section applies for the purpose of determining a transferred employee’s entitlements as an employee of the new employer under an industrial instrument or the industrial relations legislation.
(2) For the purpose of determining those entitlements—
(a) the continuity of the employee’s contract of employment is taken not to have been broken by the transfer of business, and
(b) a period of service with the former employer (including service before the commencement of this section) is taken to be a period of service with the new employer.
(3) Service with the former employer includes service that because of this section or a former Act is taken to be service with that employer as a result of a previous transfer of the business.