Document ID: chunk:federal_register_of_legislation:C2025C00150:section:22:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 22 (pt 2/3)
Character Range: 171072–173807

for the purposes of different provisions to which subsection (4) applies. If they do so, paragraph (4)(b) applies accordingly.

When service with one employer counts as service with another employer
 (5) If there is a transfer of employment (see subsection (7)) in relation to a national system employee:
 (a) any period of service of the employee with the first employer counts as service of the employee with the second employer; and
 (b) the period between the termination of the employment with the first employer and the start of the employment with the second employer does not break the employee's continuous service with the second employer (taking account of the effect of paragraph (a)), but does not count towards the length of the employee's continuous service with the second employer.
Note: This subsection does not apply to a transfer of employment between non‑associated entities, for the purpose of Division 6 of Part 2‑2 (which deals with annual leave) or Subdivision B of Division 11 of Part 2‑2 (which deals with redundancy pay), if the second employer decides not to recognise the employee's service with the first employer for the purpose of that Division or Subdivision (see subsections 91(1) and 122(1)).
 (6) If the national system employee has already had the benefit of an entitlement the amount of which was calculated by reference to a period of service with the first employer, subsection (5) does not result in that period of service with the first employer being counted again when calculating the employee's entitlements of that kind as an employee of the second employer.
Note: For example:
(a) the accrued paid annual leave to which the employee is entitled as an employee of the second employer does not include any period of paid annual leave that the employee has already taken as an employee of the first employer; and
(b) if an employee receives notice of termination or payment in lieu of notice in relation to a period of service with the first employer, that period of service is not counted again in calculating the amount of notice of termination, or payment in lieu, to which the employee is entitled as an employee of the second employer.

Meaning of transfer of employment etc.
 (7) There is a transfer of employment of a national system employee from one national system employer (the first employer) to another national system employer (the second employer) if:
 (a) the following conditions are satisfied:
 (i) the employee becomes employed by the second employer not more than 3 months after the termination of the employee's employment with the first employer;
 (ii) the first employer and the second employer are associated entities when the employee becomes employed by the second