QLDIn ForceAct
Local Government Act 2009
sec.216BWho is permanent employee of a local government (other than the Brisbane City Council) or local government entity
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### sec.216B Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity
An employee of a local government other than the Brisbane City Council is a permanent employee of the local government if—
the employee has been continuously employed by the local government for at least 1 year; or
the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.
For subsection (1) —
an employee is continuously employed by a local government for a period if, for the period, the employee is employed—
by the local government; or
by the local government, and other local governments or local government entities, consecutively; but
an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee—
was not employed by a local government or local government entity; and
was not in a position to accept an offer of employment by a local government or local government entity.
An employee of a local government entity is a permanent employee of the local government entity if the local government entity declares the employee to be a permanent employee by notice given to the relevant trustee.
However, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if—
the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and
the employee’s employment is dependant on the time taken to carry out the job or project.
Also, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.
s 216B ins 2016 No. 64 s 25
amd 2018 No. 8 s 34
(sec.216B-ssec.1) An employee of a local government other than the Brisbane City Council is a permanent employee of the local government if— the employee has been continuously employed by the local government for at least 1 year; or the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.
(sec.216B-ssec.2) For subsection (1) — an employee is continuously employed by a local government for a period if, for the period, the employee is employed— by the local government; or by the local government, and other local governments or local government entities, consecutively; but an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee— was not employed by a local government or local government entity; and was not in a position to accept an offer of employment by a local government or local government entity.
(sec.216B-ssec.3) An employee of a local government entity is a permanent employee of the local government entity if the local government entity declares the employee to be a permanent employee by notice given to the relevant trustee.
(sec.216B-ssec.4) However, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if— the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and the employee’s employment is dependant on the time taken to carry out the job or project.
(sec.216B-ssec.5) Also, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.
- (a) the employee has been continuously employed by the local government for at least 1 year; or
- (b) the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.
- (a) an employee is continuously employed by a local government for a period if, for the period, the employee is employed— (i) by the local government; or (ii) by the local government, and other local governments or local government entities, consecutively; but
- (i) by the local government; or
- (ii) by the local government, and other local governments or local government entities, consecutively; but
- (b) an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee— (i) was not employed by a local government or local government entity; and (ii) was not in a position to accept an offer of employment by a local government or local government entity.
- (i) was not employed by a local government or local government entity; and
- (ii) was not in a position to accept an offer of employment by a local government or local government entity.
- (i) by the local government; or
- (ii) by the local government, and other local governments or local government entities, consecutively; but
- (i) was not employed by a local government or local government entity; and
- (ii) was not in a position to accept an offer of employment by a local government or local government entity.
- (a) the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and
- (b) the employee’s employment is dependant on the time taken to carry out the job or project.