Section 118 — Fair Work Act 2009: Entitlements determined by reference to length of a period of employment etc.

(1) This clause applies if: (a) immediately before commencement, an individual was not an employee of a person within the ordinary meaning of that expression; and (b) because of the operation of section 15AA of the amended Act, on commencement, the individual becomes an employee of the person, within the ordinary meaning of that expression, in respect of that relationship. (2) For the purposes of determining whether the individual has a right or entitlement under the amended Act or under a fair work instrument in respect of the employment of the individual, being a right or entitlement calculated by reference to: (a) the individual’s length of service (however described) as an employee; or (b) a minimum period of employment (however described) of the individual; the nature of the relationship between the individual and the person in respect of a period or periods before commencement is to be ascertained in accordance with the old Act.