Long Service Leave Act 1987

A worker's continuity of service is not affected by—

subject to an order of SAET to the contrary, a break in the worker's service brought about by the employer where the worker is re-employed pursuant to an order of a court or SAET;

a break in the worker's service brought about by the employer in an attempt to avoid an obligation or liability imposed on the employer by this Act or by an award, agreement or scheme relating to long service leave;

absence of the worker from work in accordance with the contract of service;

absence of the worker from work on account of illness or injury;

absence of the worker from work on account of long service leave or annual leave;

absence of the worker from work on any other kind of leave;

the standing down of the worker by the employer on account of slackness in trade where the worker is subsequently re-employed by the employer;

a break in the worker's service arising directly or indirectly from an industrial dispute where the worker returns to work in accordance with the terms of settlement of the dispute or is re-employed by the employer when the dispute is settled;

any other break in the worker's service brought about by the employer where the worker returns to work or is re-employed by the employer within two months.

Where a worker's continuity of service with an employer is preserved under subsection (1)(f), (g), (h) or (i), the period of absence or the duration of the break from work is not to be taken into account in calculating the period of the worker's service with the employer.

Where a worker enters into a contract of service with an employer within 12 months after the completion of an apprenticeship with the employer, the period of apprenticeship will be taken into account for the purpose of calculating the worker's period of service.

Where a worker enters into service as a member of the Armed Forces of the Commonwealth (not being service as a member of the Permanent Forces), that period of service will be regarded as service with the employer by whom the worker was last employed.