Section 768BL — Fair Work Act 2009: Service for the purposes of this Act

General rule (1) Service of a transferring employee with the old State employer that occurred before the employee’s termination time also counts as service of the employee with the new employer for the purposes of this Act (including for the purposes of determining the employee’s entitlements under the National Employment Standards) after the employee’s re-employment time. Gap between termination time and re-employment time (2) If there is a period of time between the employee’s termination time with the old State employer and the employee’s re-employment time with the new employer, then that period: (a) does not break the employee’s continuous service with the new employer (taking account of the effect of subsection (1)); but (b) does not count towards the length of the employee’s continuous service with the new employer.