Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:9:p3
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 9 (pt 3/3)
Character Range: 39342–41635

with, an Australian workers' compensation law in respect of the individual's total incapacity for work;
 (iii) the amount is payable in respect of a period that overlaps with, or includes, the fortnight; or
 (d) for an entity that is an approved provider of one or more approved child care services—at any time in the fortnight, the ordinary duties of the individual's employment relate principally to the operation of one or more of those services (whether or not the individual performed duties of that kind in the fortnight); or
 (e) the individual is excluded from being an eligible employee of the entity for the fortnight under subsection (3B) (about individuals who re‑nominate with a new employer).

Meaning of long term casual employee
 (5) An individual is a long term casual employee of an entity at a time if:
 (a) at that time, the individual was a casual employee of the entity; and
 (b) the individual had been employed by the entity on a regular and systematic basis during the period of 12 months that ended at that time.

Businesses that change hands etc.
 (6) For the purposes of this section, treat an entity (the later entity) that employs an individual at a time (the later time) as having also employed the individual at an earlier time if:
 (a) the individual was employed at the earlier time by another entity in the same wholly‑owned group as the later entity; or
 (b) both of the following apply:
 (i) at the later time, the individual is employed in a business carried on by the later entity or in a non‑profit body the purposes of which are carried on by the later entity;
 (ii) at the earlier time, the individual was employed in the same business or non‑profit body, but that business was, or the purposes of that non‑profit body were, carried on by a different entity.
Note 1: Paragraph (b) means that an individual can be an eligible employee of an entity even if the business or non‑profit body in which the individual is employed changes hands.
Note 2: Paragraph (b) also means that, in working out if an individual is a long term casual employee of an entity at a time, employment in a business or non‑profit body during the period of 12 months that ended at that time can be counted even if the business or non‑profit body changed hands during that period.