sec.132Continuity of service—transfer of calling

### sec.132 Continuity of service—transfer of calling This section applies to a person (a transferred employee ) who— becomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or is dismissed by an employer (also the former employer ) before the transfer of a calling if— the person is employed by another employer (also the new employer ) after the transfer of a calling; and the employee— was dismissed by the former employer within 1 month immediately before the transfer; and is re-employed by the new employer within 3 months after the dismissal. The transfer of the calling is taken not to break the transferred employee’s continuity of service. A period of service with the former employer, including service before the commencement, is taken to be a period of service with the new employer. In relation to the transfer, the transferred employee is not an employee to whom part 3 , division 13 , subdivision 2 applies, unless an applicable industrial instrument mentioned in section 125 (1) (a) provides otherwise. In this section— dismissed includes stood down. (sec.132-ssec.1) This section applies to a person (a transferred employee ) who— becomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or is dismissed by an employer (also the former employer ) before the transfer of a calling if— the person is employed by another employer (also the new employer ) after the transfer of a calling; and the employee— was dismissed by the former employer within 1 month immediately before the transfer; and is re-employed by the new employer within 3 months after the dismissal. (sec.132-ssec.2) The transfer of the calling is taken not to break the transferred employee’s continuity of service. (sec.132-ssec.3) A period of service with the former employer, including service before the commencement, is taken to be a period of service with the new employer. (sec.132-ssec.4) In relation to the transfer, the transferred employee is not an employee to whom part 3 , division 13 , subdivision 2 applies, unless an applicable industrial instrument mentioned in section 125 (1) (a) provides otherwise. (sec.132-ssec.5) In this section— dismissed includes stood down. - (a) becomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or - (b) is dismissed by an employer (also the former employer ) before the transfer of a calling if— (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal. - (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and - (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal. - (A) was dismissed by the former employer within 1 month immediately before the transfer; and - (B) is re-employed by the new employer within 3 months after the dismissal. - (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and - (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal. - (A) was dismissed by the former employer within 1 month immediately before the transfer; and - (B) is re-employed by the new employer within 3 months after the dismissal. - (A) was dismissed by the former employer within 1 month immediately before the transfer; and - (B) is re-employed by the new employer within 3 months after the dismissal.