REDUNDANCY Definition Clause Samples

REDUNDANCY Definition. 7.3.1 Redundancy occurs when the Employer either: (a) doesn’t need an employee’s job to be done by anyone, or (b) becomes insolvent or bankrupt 7.3.2 Where the Employer has made a definite decision that they no longer wish the job that the Employee has been performing to be done by anyone and the Employers decision may lead to termination of the Employees employment, the consultation process under the Introduction of Change provisions of this Agreement will apply. 7.3.3 Subject to the operational requirements of the business, selection for redundancy should proceed on the basis of: (a) Retention of experience, competency and qualifications (b) Length of service (c) Expressions of interest in voluntary redundancy will be considered (d) Transfer to another base if positions are vacant for which the Employee is qualified, will be offered if practicable 7.3.4 As soon as practicable, but prior to the termination of the Employee's employment, the Employer will give the Employee a written notice containing the following: 7.3.5 The date and time of the proposed redundancies; and: (a) Details of the proposed monetary entitlements the Employee is to receive including the manner and method by which those entitlements have been calculated. (b) Reasons for the proposed redundancy. 7.3.6 If the Employer helps find the Employee suitable alternative employment, which is acceptable to the Employee with another Employer, the Employer may not be obliged to pay severance pay. In such an event, the Employer may make an application to Fair Work for determination on an amount, if any, that Fair Work considers appropriate. 7.3.7 If the Employer is purchased or acquired by another business and the Employee accepts employment with that business or refuses a reasonable offer of suitable employment with the business, the Employer will not be obliged to pay severance pay. Section 122 of the Fair Work Act (NES- Termination & Redundancy) will be relied upon for the purpose of determining entitlements in an event such as this. 7.3.8 If, with the Employee's agreement, the Employer transfers you to lower paid duties as a result of the Employee's position becoming redundant, the same period of notice must be given to the Employee as you would have been entitled to if the employment had been terminated. The Employer may at its discretion, make payment in lieu of notice by an amount equal to the difference between your former ordinary rate of pay and the new ordinary time rate for the number ...

REDUNDANCY Definition. Redundancy occurs when the Employer decides they no longer require the position an Employee is in to be completed by any Employee of the Company or the Company becomes insolvent or bankrupt and terminates an Employee’s employment. If an Employer transfers an Employee to lower paid duties by reason of redundancy, then the same period of notice must be given to the Employee as they would have been entitled to if their employment had been terminated. The Employer may at the Employer’s discretion, make payment in lieu of notice by an amount equal to the difference between the Employee’s former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

REDUNDANCY Definition. Redundancy shall be defined to mean a situation where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. Provided further that the provisions of the Redundancy clause will not be applied in circumstances where: ▪ A contract changes hand between contractors and the contractor who is successful agrees to engage existing employees at that particular site and employs existing staff on the same hours/shifts etc. This employment must be immediate without any break of employment other than their usual roster. Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have received if the employment had been terminated and SPOTLESS may, at SPOTLESS option, pay an amount in lieu thereof equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. In addition to the period of notice prescribed for ordinary termination in clause 13, an employee whose employment is terminated by reason of redundancy must be paid the following amount of severance pay in respect of a continuous period of service: Less than 1 year Nil 1 year but not more than 2 years 4 weeks’ pay More than 2 years but not more than 3 years 6 weeks’ pay More than 3 years but not more than 4 years 7 weeks’ pay More than 4 years but not more than 5 years 8 weeks’ pay More than 5 years but not more than 6 years 9 weeks’ pay More than 6 years but not more than 7 years 10 weeks’ pay More than 7 years but not more than 8 years 11 weeks’ pay More than 8 years but not more than 9 years 12 weeks’ pay More than 9 years but not more than 10 years 13 weeks’ pay More than 10 years but not more than 11 years 14 weeks’ pay More than 11 years but not more than 12 years 15 weeks’ pay More than 12 Years 16 weeks’ pay The total payable is subject to a limit that the severance payments will not exceed the amount which the employee would have earned if employment with Spotless had proceeded to the employee’s normal retirement date. An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause as if he/she had remained with SPOTLESS until the expiry of such notice. However,...

REDUNDANCY Definition. Redundancy means a situation where the company has made a definite decision that the company no longer wishes the job the employee has been doing done by anyone (who is not already employed by the company) and this is not due to the ordinary and customary turnover of labour. Redundancy does not cover - • Resignation by the employee; • dismissal under Clauses 6(d)(v) and 6(g) of the Metal Engineering and Associated Industries Award, 1998; • the transfer of an employee within the plant within his or her classification