Industrial Relations Regulation 2018

For working out continuous service under section 123(1) of the Act, the following matters do not break continuous service—

the employee’s absence from work if there was a reasonable cause for the absence;

the employee’s absence from work because of protected industrial action;

another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.

An employee’s absence from work under subsection (1)(a) does break continuous service if—

a decision requires the employee to—

notify the employer of an absence from work; and

substantiate the reason for the absence; and

the employee does not comply with the decision.

Also, an employee’s absence from work under subsection (1)(a) does break continuous service if—

there is no decision mentioned in subsection (2); and

the employee does not promptly notify the employer of—

the employee’s absence from work; and

the reason for the absence; and

the likely duration of the absence.

An employee’s absence from work under subsection (1)(b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122(1) of the Act, that the absence must be taken to be a break in the employee’s continuous service.

A notification under subsection (1)(c)—

must be given during, or within 14 days after the end of, the absence; and

may be withdrawn by the employer.

If the employer withdraws the notification, it is taken not to have been given.

If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123(1) of the Act.

In this section—protected industrial action see section 233(1) of the Act.