AP789529CRV - Metal, Engineering and Associated Industries Award 1998
5.1 Service Entitling to Leave
5.1.1 For the purposes of this Part of the Award the service of an employee with an employer means the period during which the employee has served his/her employer under an unbroken contract of employment. Provided that a contract of employment shall be deemed not to have been broken by reason only of any interruption or determination thereof, if the interruption or determination:
5.1.1(a) has been made by the employer with the intention of avoiding any obligation imposed by this Part of the award or by State law dealing with long service leave; or
5.1.1(b) has arisen directly or indirectly from a dispute concerning industrial matters, if the employee returns to duty with the same employer in accordance with the terms of settlement of the said dispute; or
5.1.1(c) has been made by the employer by reason of slackness of trade, if the employee is re-employed by the same employer within six months of such interruption or determination; or
5.1.1(d) has been made by the employer for any reason other than those referred to in sub-paragraphs 5.1.1 (a), (b) and (c) hereof, if the employee is re-employed by the same employer within two months of such interruption or determination.
5.1.1(e) Provided further that the period during which the employment has been so interrupted or determined shall not, except when due to the reasons referred to in sub-paragraph (a) hereof, be taken into account in calculating the period of service.
5.2 Where an employee has entered or enters into a contract of employment with an employer within a period of 12 months after the completion of an apprenticeship with the employer the period of apprenticeship shall be taken into account for the purpose of calculating the period of his/her service with that employer under that contract of employment.
5.3 Any period of service as a member of the naval, military or air forces (other than as a member of the permanent forces) of the Commonwealth of Australia shall be deemed to be service with the employer by whom the employee concerned was last employed before he/she commenced to serve as such a member.
5.4 Service with the employer before the commencement of this Part of the award, subject to the provisions of clause 6.4 hereof, as well as service with the employer after such commencement shall be taken into account for the purposes of this Part of the award.
5.5 Transmission of Business
5.5.1 Where a business is, whether before or after 11 May 1964, transmitted from an employer (in this subclause "the transmitter") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:
5.1.1(a) the continuity of the service of the employee shall be deemed not to have been broken by reason of such transmission;
5.1.1(b) the period of service which the employee has had with the transmitter shall be deemed to be service of the employee with the transmittee.
5.5.2 In this subclause "business" includes trade process, business or occupation and includes Part of any such business, and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law, and "transmitted" has a corresponding meaning.
5.6 Service with Related Companies
5.6.1 Where, over a continuous period, an employee has been employed by two or more companies each of which is a related company within the meaning of Sections 46-50 of the Corporations Law the employee is entitled to long service leave as if he/she had, during the whole of the period of service, been employed by the company by which he/she is employed at the date at which his/her long service leave entitlement accrues. Provided that an employee shall not be entitled to leave or payment in lieu thereof more than once in respect of any period of service.
