Common use of Calculation of Continuous Service Clause in Contracts

Calculation of Continuous Service. For the purposes of this clause, service shall be deemed to be continuous notwithstanding an employee’s absence from work for any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination of the employment by the Company which has been made with the intention of avoiding obligations under this clause; • Any absence with reasonable cause, proof whereof shall be on the employee and acceptance is at the discretion of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company within twenty-four hours of the normal commencing time or as soon as practicable thereafter of the reason for the absence and probable duration thereof. Any absence from work by reason of any cause not being the cause specified in this paragraph shall be deemed to have broken the continuity of service. The Company during the absence or within 14 days will notify the employee in writing that such absence has resulted in their termination and broken the continuity of service. Such notice may be given by delivering it to the employee personally or by posting it to their last recorded address through ordinary post, in which case it shall be deemed to have reached them in due course.

Calculation of Continuous Service. 21.4.1 For the purposes of this clause, clause service shall be deemed to will be continuous notwithstanding an employee’s absence from work for despite: 21.4.1 (a) any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination termination of the employment by the Company which if such interruption or termination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; 21.4.1 (b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; • Any or 21.4.1 (c) any absence with reasonable cause proof whereof shall be upon the employee. 21.4.2 In cases of personal sickness or accident or absence with reasonable cause, proof whereof an employee, to become entitled to the benefit of this clause, shall be on the employee and acceptance is at the discretion of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed inform the Company in writing, if practicable, within twenty-four 48 hours of the normal commencing time or commencement of such absence of the inability to attend for duty, and as soon far as practicable thereafter the nature of the reason for illness, injury or cause, and the absence and probable estimated duration thereofof the absence. A notification given by an employee pursuant to 22.4.4 of this Schedule shall be accepted as notification under this clause. 21.4.3 Any absence from work by reason of any cause not being the cause specified mentioned in this paragraph shall be deemed to have broken clause will not break the continuity of service. The Company service for the purposes of this clause unless the Company, during the absence or within 14 fourteen days will notify of the termination of the absence, notifies the employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such . 21.4.4 In cases of individual absenteeism such notice shall be given in writing to the employee concerned In cases of absenteeism or more than one individual notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 21.4.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to their the last recorded address through ordinary postaddress, in which case it shall be deemed to have reached them the employee in due coursecourse by post. 21.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

Calculation of Continuous Service. a) For the purposes of this clause, service shall be deemed to be continuous notwithstanding an employee’s absence from work for notwithstanding: (i) any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination of the employment by the Company which employer if such interruption or determination has been made merely with the intention of avoiding obligations under in this clause; • Any clause in respect of leave of absence; (ii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; (iii) any absence with reasonable cause, proof whereof of which shall be on upon the employee; or (iv) any transfer of business. b) In respect of an absence referred to in this sub-clause, the employee and acceptance is at shall, in addition to their other Agreement obligations, inform the discretion employer in writing of their inability to attend for duty. If practicable, this advice will be given within 24 hours of the Company; • Any reason deemed satisfactory by commencement of the company provided that absence. The advice will include the reason for and the estimated duration of the absence. c) In calculating the period of twelve months continuous service, any absence of the type referred to above, shall not be deemed satisfactory unless taken into account in calculating the employee has informed the Company within twentyperiod of twelve months continuous service. The exception to this will be absences of not more than twenty working days in a twelve-four hours month period because of the normal commencing time sickness or as soon as practicable thereafter of the reason for the absence and probable duration thereofaccident. Any absence from work by reason of any cause for reasons not being the cause specified in this paragraph shall clause will only be deemed to have break the continuity of service if the employer notifies the employee during the absence or within fourteen days of the termination of the absence, that the absence will be regarded as having broken the continuity of service. The Company during . d) In the absence case of concerted or within 14 days will notify the employee in writing that such absence has resulted in their termination and broken the continuity of service. Such collective absenteeism, notice may be given to employees by posting up of a notification in the plant in the manner in which general notifications to employees are usually made in the plant. e) A notice to an individual employee is to be given by delivering it to the employee them personally or by posting it to their last recorded address through ordinary post, in which case it shall be deemed to have reached them in due coursecourse by post.

Calculation of Continuous Service. For the purposes of this clause, service shall be deemed to be clause Service is continuous notwithstanding an employee’s absence from work for any of the following reasonsregardless of: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any any interruption or determination of the employment by the Company which company if such interruption or determination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; or • Any any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the company; or • any absence with reasonable cause, proof whereof shall be lie upon the employee. In the case of personal sickness or accident or absence with reasonable cause, an employee to become entitled to the benefit of this sub clause shall have complied with the following; • Subject to the paragraph below hereof, an employee who is absent from work without the Company's consent for a continuous period equalling one working day or more, shall, on the employee and acceptance is first day of the absence, at the discretion commencement of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company employee’s shift, if, practicable and in any other event within twenty-four hours of the normal commencing time or as soon as practicable thereafter commencement of the reason for shift, inform the Company of the absence stating the reasons and probable the estimated duration thereof. • Employees who establish that their failure to give the required particulars of an absence was reasonable in the circumstances shall not be in breach of this subclause. Any absence from work by reason of any cause not being the a cause specified in this paragraph subclause shall not be deemed to have broken break the continuity of service. The service for the purpose of this clause unless the Company during the absence or within 14 fourteen days will notify of the termination of the absence notifies the employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such In the case of individual absenteeism such notice shall be given in writing to the employee concerned but in cases of concerted or collective absenteeism by the posting up of a notification in the plant in a manner in which general notifications to employees are usually made in the plant and by posting a copy to the Union whose members have participated in such concerted or collective absenteeism not later than the day it is posted up in the plant. A notice to an individual employee may be given by delivering it to the employee them personally or by posting it to their last recorded address through ordinary postaddress, in which case it shall be deemed to have reached them in due coursecourse of post. In calculating a period of continuous service for the purposes of this clause, the following absences shall be treated as time served. • up to 152 hours of absence due to sickness or accident; and • up to 152 hours of absence on workers compensation; • long service leave taken by an employee, in accordance with this agreement.

Calculation of Continuous Service. 31.4.1 For the purposes purpose of this clause, clause service shall be deemed to be continuous notwithstanding an employee’s absence from work for notwithstanding: 31.4.1 (a) any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination termination of the employment by the Company which employer if such interruption or termination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; 31.4.1 (b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; • Any or 31.4.1 (c) any absence with reasonable cause, cause proof whereof shall be on upon the employee. 31.4.2 In cases of personal sickness or accident or absence with reasonable cause the employee and acceptance is at to become entitled to the discretion benefit of this subclause shall inform the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company employer, in writing if practicable, within twenty-four 24 hours of the normal commencing time or commencement of such absence of his/her inability to attend for duty and as soon far as practicable thereafter the nature of the reason for illness, injury or cause and the absence and probable estimated duration thereofof his/her absence. A notification given by the employee pursuant to clause 32 shall be accepted as a notification under this subclause. 31.4.3 Any absence from work by reason of any cause not being the a cause specified in this paragraph subclause shall not be deemed to have broken break the continuity of service. The Company service for the purposes of this clause unless the employer during the absence or within 14 fourteen days will notify of the termination of the absence notifies the employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such . 31.4.4 In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to each Union whose members have participated in such concerted or collective absenteeism a copy of it not later than the day it is posted up in the plant. 31.4.5 A notice to an individual employee may be given by delivering it to the employee him/her personally or by posting it to their his/her last recorded address through ordinary postaddress, in which case it shall be deemed to have reached them him/her in due coursecourse by post. 31.4.6 In calculating the period of twelve months' continuous service the following absences shall be taken into account and counted as time worked:

Calculation of Continuous Service. For the purposes of this clause, clause service shall be deemed to be continuous notwithstanding an employee’s absence from work for notwithstanding: 34.4.1. any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination of the employment by the Company which employer if such interruption or determination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; 34.4.2. any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; • Any or 34.4.3. any absence with reasonable cause, proof whereof shall be on upon the employee. (a) In respect of absence referred to in subclause 34.4.3 hereof, the employee and acceptance is at shall, in addition to their obligation thereunder, inform the discretion of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company employer in writing, if practicable, within twenty-four 24 hours of the normal commencing time or as soon as practicable thereafter commencement of such absence of their inability to attend for duty, the reason for and the estimated duration of such absence. (b) In calculating the period of twelve months continuous service any such absence and probable duration thereofas aforesaid shall not, except to the extent of not more than twenty working days in a twelve monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months continuous service. Any absence from work by reason of any cause not being the a cause specified in this paragraph subclause shall not be deemed to have break the continuity of service for the purpose of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in accordance with this subclause, that such absence will be regarded as having broken the continuity of service. The Company during the absence or within 14 days will notify . (c) In cases of individual absenteeism such notice shall be given in writing to the employee concerned but in writing cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant in the manner in which general notifications to employees are usually made in that plant and by posting to each union whose members participated in such absence has resulted concerted or collective absenteeism a copy of it not later than the day it is posted up in their termination and broken the continuity of service. Such plant. (d) A notice to an individual employee may be given by delivering it to the employee them personally or by posting it to their last recorded address through ordinary post, in which case it shall be deemed to have reached them in due coursecourse by post.

Calculation of Continuous Service. (a) For the purposes of this clause, service shall be deemed to be continuous notwithstanding an employee’s absence from work for notwithstanding: (i) any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination of the employment by the Company which if such interruption or determination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; • Any or (ii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; or (iii) any absence with reasonable cause proof whereof shall lie upon the employee. (b) In the case of personal sickness or accident or absence with reasonable cause, proof whereof an employee to become entitled to the benefit of this subclause shall be on the employee and acceptance is at the discretion have complied with subclause 7.9 (Notification of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company within twenty-four hours Absence) of the normal commencing time or as soon as practicable thereafter of the reason for the absence and probable duration thereof. this agreement. (c) Any absence from work by reason of any cause not being the a cause specified in this paragraph subclause shall not be deemed to have broken break the continuity of service. The service for the purposes of this clause unless the Company during the absence or within 14 fourteen days will notify of the termination of the absence notifies the employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such . (d) In the case of individual absenteeism such notice shall be given in writing to the employee concerned but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the branch in the manner in which general notifications to employees are usually made in that branch and by posting a copy to each union whose members have participated in such concerted or collective absenteeism not later than the day it is posted up in the branch. (e) A notice to an individual employee may be given by delivering it to the employee him personally or by posting it to their his last recorded address through ordinary postaddress, in which case it shall be deemed to have reached them him in due coursecourse of post.

Calculation of Continuous Service. 28.7.1 For the purposes of this clause, clause service shall be deemed to will be continuous notwithstanding an employee’s absence from work for despite: 28.7.1.1 any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination termination of the employment by the Company which employer if such interruption or termination has been made merely with the intention of avoiding obligations under this clause; • Any hereunder in respect of leave of absence, or 28.7.1.2 any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer, or 28.7.1.3 any absence with reasonable cause, cause proof whereof shall be on upon the employee. 28.7.2 In cases of personal sickness or accident or absences with reasonable cause the employee and acceptance is at to become entitled to the discretion benefit of this clause will inform the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company employer in writing, if practicable, within twenty-four 48 hours of the normal commencing time or commencement of such absence of the inability to attend for duty, and as soon far as practicable thereafter the nature of the reason for illness, injury or cause, and the absence and probable estimated duration thereofof the absence. A notification given by an employee pursuant to clause 29.4 of this Agreement will be accepted as notification under this sub-clause. 28.7.3 Any absence from work by reason of any cause not being the a cause specified in this paragraph shall clause will not be deemed to have broken break the continuity of service. The Company service for the purposes of this clause unless the employer during the absence or within 14 fourteen days will notify of the termination of the absence notifies the employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such . 28.7.4 In cases of individual absenteeism such notice will be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant. 28.7.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to their the last recorded address through ordinary post, in which case it shall will be deemed to have reached them the employee in due coursecourse by post. 28.7.6 In calculating the qualifying period of continuous service any such absence as aforesaid will not be taken into account except: 28.7.6.1 28 days or less in the case of sickness or accident. 28.7.6.2 Annual leave or long service leave granted to the employee.

Calculation of Continuous Service. (a) For the purposes of this clause, service shall be deemed to be clause Service is continuous notwithstanding an employee’s absence from work for regardless of: (i) any of the following reasons: • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave; • Bereavement leave – subject to the provisions in clause 8.4.4; • Jury service; • Injury received during the course of employment and up to a maximum of twenty-six weeks for which workers compensation has been received; • Long service leave; • Any interruption or determination of the employment by the Company which If such interruption or determination has been made merely with the intention of avoiding obligations under this clausehereunder in respect of leave of absence; • Any or (ii) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the Company; or (iii) any absence with reasonable cause, proof whereof shall be lie upon the Employee. (b) In the case of personal sickness or accident or absence with reasonable cause, an Employee to become (entitled to the benefit of this sub clause shall have complied with the following: (i) Subject to the paragraph below hereof, an Employee who is absent from work without the Company's consent for a continuous period equalling one working day or more, shall, on the employee and acceptance is first day of the absence, at the discretion commencement of the Company; • Any reason deemed satisfactory by the company provided that the reason shall not be deemed satisfactory unless the employee has informed the Company Employee's shift, if, practicable and in any other event within twenty-four hours of the normal commencing time or as soon as practicable thereafter commencement of the reason for shift, inform the Company of the absence stating the reasons and probable the estimated duration thereof. . (ii) Employees who establish that their failure to give the required particulars of an absence was reasonable in the circumstances shall not be in breach of this subclause. (c) Any absence from work by reason of any cause not being the a cause specified in this paragraph subclause shall not be deemed to have broken break the continuity of service. The service for the purpose of this clause unless the Company during the absence or within 14 fourteen days will notify of the employee termination of the absence notifies the Employee in writing that such absence has resulted in their termination and will be regarded as having broken the continuity of service. Such . (d) In the case of individual absenteeism such notice shall be given in writing to the Employee concerned but in cases of concerted or collective absenteeism by the posting up of a notification in the plant in a manner in which general notifications to Employees are usually made in the plant and by posting a copy to the Union whose members have participated in such concerted or collective absenteeism not later than the day it is posted up in the plant. (e) A notice to an individual Employee may be given by delivering it to the employee them personally or by posting it to their last recorded address through ordinary postaddress, in which case it shall be deemed to have reached them in due coursecourse of post. (f) An Employee's "continuous service" will be determined in accordance with section 22 of the Fair Work Act 2009 (Cth).