See Fair Work Act 2009 s.22
An excluded period does not break an employee’s continuous service with their employer. However, it does not count towards the length of the employee's continuous service. Periods of casual employment may affect the length of an employee’s continuous service for the purpose of an application for an unfair dismissal remedy.
The following are periods that are excluded from the definition of 'service' and therefore for the purpose of calculating the minimum employment period:
- any period of unauthorised absence, and
- certain periods of unpaid leave or unpaid authorised absence (there are exceptions for community service leave, certain stand downs and prescribed leave or absences).
The following are examples of unauthorised absence:
- periods of industrial action engaged in by employees, and
- other absence from work contrary to the direction of the employer.
The following are examples of unpaid authorised absence:
- unpaid parental leave, and
- unpaid personal/carer's leave.
The above periods do not break service however they are not counted in the calculation of the minimum period of employment.