Long Service Leave Act 1976

In this Act, unless the contrary intention appears – age for retirement means – in a case where an age for retirement is prescribed in an industrial award that is applicable to an employee, or is fixed by the terms of an employee's contract of employment – the age so prescribed or fixed; or in any other case – the age of 65 years, in the case of a male, or 60 years in the case of a female; business includes any trade, process, profession, or occupation, and any part thereof;Commission means the Tasmanian Industrial Commission constituted under the Industrial Relations Act 1984;Commissioner means a person appointed and holding office as a member of the Commission; employee means a person who is employed by an employer to do any work for hire or reward, and includes an apprentice or any other person whose contract of employment requires him to learn or be taught any business; employer means a person by whom an employee is employed, and includes the Crown;Full Bench means a Full Bench of the Commission constituted in accordance with section 14 of the Industrial Relations Act 1984; industrial dispute means a dispute in relation to any matter affecting or relating to the relations of employers and employees in any business, or their respective rights, privileges, duties, or obligations; inspector means a person who is appointed as an inspector for the purposes of this Act or is an inspector by virtue of section 4(1), and includes the Secretary; metalliferous mine means – a place, open cut, quarry, shaft, tunnel, drive, level or other excavation, drift, gutter, lead, vein, lode, or reef in or by which an operation is carried on for or in connection with the purpose of obtaining a mineral substance by any manner or method; or a place adjoining a metalliferous mine within the meaning of paragraph (a) on which a product of that mine is stacked, stored, crushed, or otherwise treated – and includes – a place where 2 or more men are employed in connection with prospecting operations for the purposes of the discovery or exploration of or for a mineral substance, whether by drilling, boring, or any other method; and so much of the surface of a place and the buildings, workshops, change-houses, structures, and works on that place surrounding or adjacent to the shaft, outlets, or site of a metalliferous mine, within the meaning of a preceding paragraph of this definition, as are occupied, together with the mine, for the purposes of or in connection with the working of the mine, or the removal from the mine of refuse, or the health, safety, or welfare of persons employed in, at, or about the mine; mining employee means an employee who is employed in, at, or about a metalliferous mine;Secretary means the Secretary of the Department; transmission, used in relation to an employer's business, includes any transfer, conveyance, assignment, or succession, whether by agreement or by operation of law; workers' compensation means compensation payable under – the Workers Rehabilitation and Compensation Act 1988; or the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011; or the Workers' (Occupational Diseases) Relief Fund Act 1954 or a scheme substituted for the provisions thereof under section 41 of that Act.

Where an employee is employed in or about any place in the business of an employer and the employment of the employee with that employer is terminated, and, not later than the expiration of a period of 2 months from the date on which that employment was so terminated, the employee becomes employed in or about that place in the business of some other employer, the business of the employer by whom his employment has been terminated shall, for the purposes of this Act, be deemed to have been transmitted to the employer by whom he so becomes employed if the business in which he so becomes employed is of the same, or substantially the same, kind as the business in which he was employed in the employment that has terminated.