Document ID: chunk:federal_register_of_legislation:C2025C00150:section:384
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 384
Character Range: 1001379–1002578

384  Period of employment
 (1) An employee's period of employment with an employer at a particular time is the period of continuous service the employee has completed with the employer at that time as an employee.
 (2) However:
 (a) a period of service as a casual employee does not count towards the employee's period of employment unless:
 (i) the employment as a casual employee was as a regular casual employee; and
 (ii) during the period of service as a casual employee, the employee had a reasonable expectation of continuing employment by the employer on a regular and systematic basis; and
 (b) if:
 (i) the employee is a transferring employee in relation to a transfer of business from an old employer to a new employer; and
 (ii) the old employer and the new employer are not associated entities when the employee becomes employed by the new employer; and
 (iii) the new employer informed the employee in writing before the new employment started that a period of service with the old employer would not be recognised;
  the period of service with the old employer does not count towards the employee's period of employment with the new employer.

Division 3—What is an unfair dismissal