Document ID: chunk:federal_register_of_legislation:C2023A00043:clause:6_2
Version: federal_register_of_legislation:C2023A00043
Segment Type: clause
Provision Reference: sch 6 cl 2
Character Range: 24899–26471

2  After subsection 39A(3)
Insert:
 (3A) If:
 (a) subsection (3) applies in relation to a casual employee for a week (the initial week); and
 (b) apart from this subsection, subsection (3) does not apply in relation to that employee for the next week (the relevant week) after the initial week; and
 (c) the relevant week is not otherwise a period of qualifying service for that employee; and
 (d) subsection (3) applies in relation to that employee for the next week after the relevant week;
then, for the purposes of subsection (2), that employee is taken to have been an eligible employee for the whole of the relevant week in the capacity of a casual employee.
Note: The effect of this subsection is that the relevant week will be a period of qualifying service for that employee.
 (3B) If:
 (a) subsection (3) applies in relation to a casual employee for a week beginning in a quarter; and
 (b) apart from this subsection, there are one or more later weeks beginning in that quarter that are not a period of qualifying service for that employee;
then, for the purposes of subsection (2), rules made under subsection (3C) may set out the circumstances in which that employee is taken to have been an eligible employee for the whole of one or more of those later weeks in the capacity of a casual employee.
Note: The effect of this subsection is that, if any rules are made, the one or more of those later weeks will be periods of qualifying service for that employee.
 (3C) The Minister may, by legislative instrument, make rules for the purposes of subsection (3B).