AN150130 – Retail Industry (South Australia) Award

CLAUSE 1.7 DEFINITIONS
OPDATE 15:03:2006 1st pp on or after

1.7.1 Whenever the following words or expressions are used in this Award, they shall have the meaning set out in this clause.

1.7.2 Act means the Fair Work Act 1994.

1.7.3 Classifications covered by this Award are defined in Schedule 5.

1.7.4 Commission means the Industrial Relations Commission of South Australia.

1.7.5 Continuous service

1.7.5.1 Maintenance of continuous service

Except as otherwise indicated, service is deemed to be continuous despite:

(a) absence of the employee from work in accordance with the employee’s contract of employment or any provision of this Award.

(b) absence of the employee from work for any cause by leave of the employer.

(c) absence from work on account of illness, disease or injury.

(d) absence with reasonable cause. Proof of such reasonable cause lies with the employee.

(e) interruption or termination of the employee’s service by an act or omission of the employer with the intention of avoiding any obligation imposed by this Award, the Act or the Long Service Leave Act 1987.

(f) interruption or termination of the employee’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute.

(g) transfer of the employment of an employee from one employer to a second employer where the second employer is the successor or assignee or transmittee of the first employer’s business. In this case, service with the first employer is deemed to be service with the second employer.

(h) interruption or termination of the employee’s service by the employer for any reason other than those referred to in this clause if the worker returns to the service of the employer within two months of the date on which the service was interrupted or terminated.

(i) any other absence from work for any reason other than those referred to in this clause unless written notice is given by the employer that the absence from work is to be taken as breaking the employee’s continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence.

1.7.5.2 Calculation of period of service

Where an employee’s service is deemed to be continuous under this clause, the period of absence from work is not to be taken into account in calculating the employee’s period of time served with the employer except:

(a) to the extent that the employee receives or is entitled to receive pay for the period, or;

(b) where the absence results from a decision of the employer to stand the employee off without pay.

1.7.6 Spouse includes defacto spouse but, except in relation to parental leave does not include a spouse from whom the employee is separated.

1.7.7 Union means the Shop, Distributive and Allied Employees’ Association, South Australian Branch.

1.7.8 Years of experience shall be experience within 5 years immediately preceding the date of engagement by the employer or years subsequent to that date.

1.7.9 Weeks pay means the ordinary time rate of pay for the employee concerned as prescribed in clause 4.12.1