Document ID: chunk:federal_register_of_legislation:C2004A01187:clause:1_170cba:p2
Version: federal_register_of_legislation:C2004A01187
Segment Type: clause
Provision Reference: sch 1 cl 170CBA (pt 2/3)
Character Range: 5989–8725

or 170CM.

 (3) For the purpose of paragraph (1)(d), a casual employee is taken to be engaged for a short period unless:
 (a) subject to subsection (3A)—the employee is engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and
 (b) the employee has, or but for a decision by the employer to terminate the employee's employment, would have had, a reasonable expectation of continuing employment by the employer.

 (3A) If:
 (a) a casual employee was engaged by a particular employer on a regular and systematic basis for a sequence of periods during a period (the first period of employment) of less than 12 months; and
 (b) at the end of the first period of employment, the casual employee ceased, on the employer's initiative, to be so engaged by the employer; and
 (c) the employer subsequently again engages the employee on a regular and systematic basis for a further sequence of periods during a period (the second period of employment) that starts not more than 3 months after the end of the first period of employment; and
 (d) the total length of the first period of employment and the second period of employment is at least 12 months;
paragraph (3)(a) is taken to be satisfied in relation to the employment of the employee.

 (4) For the purposes of subparagraph (1)(f)(i), an employee is taken not to be employed under award conditions unless the employer is bound, in relation to the employee's wages and conditions of employment, by an award, a certified agreement, an AWA or an old IR agreement.

 (5) For the purposes of subparagraph (1)(f)(ii), this subsection applies to an employee if:
 (a) the employee's remuneration immediately before the termination of employment was not wholly or partly determined on the basis of commission or piece rates; and
 (b) the rate of remuneration applicable to the employee immediately before the termination exceeds a rate specified, or worked out in a manner specified, in the regulations (the specified rate).

 (6) For the purposes of subparagraph (1)(f)(ii), this subsection applies to an employee if:
 (a) the employee's remuneration immediately before the termination of employment was wholly or partly determined on the basis of commission or piece rates; and
 (b) in accordance with the regulations, the rate of remuneration that is taken to be applicable to the employee immediately before the termination exceeds the specified rate.

Exclusions from sections 170CL and 170CM and Subdivisions D and E

 (7) The following kinds of employee are excluded from the operation of sections 170CL and 170CM and Subdivisions D and E:
 (a) a casual employee, except a casual employee engaged