Common use of Redundancy Clause in Contracts

Redundancy. a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted

Appears in 3 contracts

Sources: Collective Enterprise Agreement, Collective Enterprise Agreement, Collective Enterprise Agreement

Redundancy. 45.1 The employer shall advise the Association in writing of any impending redundancy (see definition in clause 11) at least one month before it is expected to occur. The purpose of this period is to give reasonable time for the parties, including the affected employee(s), to discuss the situation, consider the options available to them and to negotiate an agreement. (a) Where Options that might be considered when a redundancy arisesexists include, the Company will provide affected employees and their representatives (if requested by an affected employee) but are not necessarily limited to: ● No change or reconfirmation in good timepresent position; ● Reassignment or redeployment to a new role; ● Reduction in hours, with relevant information includingseverance based on loss of hours provided that no payment shall be made for a reduction in hours worked on rostered after-hours on-call duties (refer Clause 13.3); ● Natural attrition; ● Leave without pay; ● Early retirement; ● Retraining; ● Termination of employment and payment of severance; ● Any combination of the above. (b) To ascertain which of the above should be applied to any affected individual the following principles should apply: i. (i) Where reconfirmation (i.e. appointment to the reasons same job, with the same conditions, albeit in a reconfigured service) can occur, that option shall be adopted and no severance is payable. (ii) Severance will not be paid where the employee remains in essentially the same position but agrees to an increase in their hours or job size. (c) Severance payments will be calculated according to the following formula: ● Six weeks’ base salary for any proposed redundancy; ii. the preceding 12 months of service or part service where the employee has had less than 12 months’ service; plus ● Two weeks’ base salary for the preceding 12 months multiplied by the number and categories of workers likely years of service minus one, up to be affected; iii. a maximum of 19; plus ● Where the period over which any proposed redundancies are intended of total aggregated service is less than 20 years, 0.333 per cent of base salary for the preceding 12 months multiplied by the number of completed months in addition to be carried out. b) Where the completed years of service; plus ● For an employee who has ten or more years’ qualifying service, a redundancy dispute arises and discussions occur retiring gratuity in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedentitlement they might have under Clause 20. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted

Appears in 3 contracts

Sources: Senior Medical and Dental Officers Collective Agreement, Collective Agreement, Collective Agreement

Redundancy. a) Where 16.1 Redundancy occurs where the Employer has made a redundancy arises, definite decision that the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. Employer no longer wishes the reasons for any proposed redundancy; ii. job the number and categories of workers likely Employee has been doing to be affected;done by anyone and this is not due to the ordinary and customary turnover of labour, nor due to the performance of any particular employee. iii. 16.2 In addition to the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur of notice prescribed for ordinary termination in accordance with this clauseClause 15, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason of redundancyfor reasons set out in Clause 16.1, and for whom the Employer is unable to locate or offer suitable alternative employment, shall be entitled to the following amount of severance pay at the ordinary rate of pay, in respect of a continuous period of continuous service: Less than 1 one (1) year Nil 1 One (1) year and but less than 2 two (2) years 4 Four (4) weeks' pay* 2 ’ pay Two (2) years and but less than 3 three (3) years 6 Six (6) weeks' pay 3 Three (3) years and but less than 4 four (4) years 7 Seven (7) weeks' pay 4 Four (4) years and but less than 5 five (5) years 8 Eight (8) weeks' pay 5 Five (5) years and but less than 6 six (6) years 10 Ten (10) weeks' pay 6 Six (6) years and but less than 7 seven (7) years 11 Eleven (11) weeks' pay 7 Seven (7) years and but less than 8 eight (8) years 13 Thirteen (13) weeks' pay 8 Eight (8) years and but less than 9 nine (9) years 14 Fourteen (14) weeks' pay 9 Nine (9) years and but less than 10 Ten (10) years 16 Sixteen (16) weeks' pay 10 Ten (10) years and over 12 Twelve (12) weeks' ’ pay 16.3 The Employer, in a particular redundancy case, may make application to the Commission to have the general severance pay * Week's prescription varied on the basis of the Employer’s incapacity to pay. 16.4 Severance pay is defined as not payable to an Employee if the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business Employer obtains acceptable alternative employment for the Employee. Acceptable alternative employment includes employment that is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which on the terms and conditions are substantially similar set out in this agreement, recognises the Employee’s service with the Employer, and no which is: 1) Paid at a standard hourly rate of not less favourable, considered on an overall basis, than 10% lower than the terms and conditions applicable Employee’s current standard hourly rate; 2) At a store within 30kms of the store at which the Employee is primarily working, or, within 30kms of the Employees residence; and 3) In a position the Employer considers that the Employee is capable of performing. 16.5 This clause does not apply to the employee at the time Employees terminated as a consequence of ceasing employment with the transmittor; and • which recognises the serious misconduct that justifies dismissal without notice, probationary employees, apprentices, trainees, employees engaged for a specified period of continuous service which the employee had with the transmittor time or for a specified task or tasks, and any prior transmittor to be continuous service of the employee with the transmitteecasual employees. e) Employees Exempted

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Redundancy. 45.1 The employer shall advise the Association in writing of any impending redundancy (see definition in clause 11) at least one month before it is expected to occur. The purpose of this period is to give reasonable time for the parties, including the affected employee(s), to discuss the situation, consider the options available to them and to negotiate an agreement. (a) Where Options that might be considered when a redundancy arisesexists include, the Company will provide affected employees and their representatives (if requested by an affected employee) but are not necessarily limited to:  No change or reconfirmation in good timepresent position;  Reassignment or redeployment to a new role;  Reduction in hours, with relevant information includingseverance based on loss of hours provided that no payment shall be made for a reduction in hours worked on rostered after-hours on-call duties (refer Clause 13.3);  Natural attrition;  Leave without pay;  Early retirement;  Retraining;  Termination of employment and payment of severance;  Any combination of the above. (b) To ascertain which of the above should be applied to any affected individual the following principles should apply: i. (i) Where reconfirmation (i.e. appointment to the reasons same job, with the same conditions, albeit in a reconfigured service) can occur, that option shall be adopted and no severance is payable. (ii) Severance will not be paid where the employee remains in essentially the same position but agrees to an increase in their hours or job size. (c) Severance payments will be calculated according to the following formula:  Six weeks’ base salary for any proposed redundancy; ii. the preceding 12 months of service or part service where the employee has had less than 12 months’ service; plus  Two weeks’ base salary for the preceding 12 months multiplied by the number and categories of workers likely years of service minus one, up to be affected; iii. a maximum of 19; plus  Where the period over which any proposed redundancies are intended of total aggregated service is less than 20 years, 0.333 per cent of base salary for the preceding 12 months multiplied by the number of completed months in addition to be carried out. b) Where the completed years of service; plus  For an employee who has ten or more years’ qualifying service, a redundancy dispute arises and discussions occur retiring gratuity in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedentitlement they might have under Clause 20. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Redundancy. a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely Note: This clause applies to be affected; iii. the period over which any proposed redundancies are intended to be carried outall employees. b) Where a redundancy dispute arises 25.1 Redundancy pay is provided for in the NES. Note 1: Redundancy pay is provided for in the NES. See sections 119–123 of the Act. Clauses 25 provides industry specific detail and discussions occur in accordance with this clause, supplements the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, NES. Note 2: The NES provides that an employee is entitled to paid redundancy pay if the (a) at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (b) because of the insolvency or bankruptcy of the employer. Under the NES, the amount of the redundancy pay equals the total amount payable to the employee for the redundancy pay period worked out using the following amount table at the employee’s base rate of severance pay in respect for his or her ordinary hours of a work: Column 1 Employee’s period of continuous service: Less than service with the employer on termination Column 2 Redundancy pay period At least 1 year Nil 1 year and but less than 2 years 4 weeks' pay* weeks Column 1 Employee’s period of continuous service with the employer on termination Column 2 Redundancy pay period At least 2 years and but less than 3 years 6 weeks' pay weeks At least 3 years and but less than 4 years 7 weeks' pay weeks At least 4 years and but less than 5 years 8 weeks' pay weeks At least 5 years and but less than 6 years 10 weeks' pay weeks At least 6 years and but less than 7 years 11 weeks' pay weeks At least 7 years and but less than 8 years 13 weeks' pay weeks At least 8 years and but less than 9 years 14 weeks' pay weeks At least 9 years and but less than 10 years 16 weeks' pay weeks At least 10 years 12 weeks In the NES, the reference in the above table to continuous service with the employer does not include periods of employment as a casual employee of the employer. See sections 120-123 of the Act for variation of redundancy, exclusions from obligation to pay redundancy pay and over 12 weeks' transfer of employment situations that affect the obligation to pay * Week's pay redundancy pay. 25.2 Transfer to lower paid duties on redundancy (a) Clause 25.2 applies if, because of redundancy, an employee is defined as the base transferred to new duties to which a lower ordinary rate of pay in Clause 6 and such rate shall exclude: • overtimeapplies. (b) The employer may: (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments or (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a like naturenotice of transfer, provided that the employer pays the employee as set out in clause 25.2(c). d(c) Transmission of Business The provisions of this If the employer acts as mentioned in clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee25.2(b)(ii), in any the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the following circumstances: i. Where employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee accepts would have worked in the first role, and the ordinary rate of pay (also inclusive of all- purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given. 25.3 Employee leaving during redundancy notice period (a) An employee given notice of termination in circumstances of redundancy may terminate their employment with during the transmittee which recognises minimum period of notice prescribed by this Agreement. (b) The employee is entitled to receive the benefits and payments they would have received under sections 119–123 of the Act had they remained in employment until the expiry of the notice. (c) However, the employee is not entitled to be paid for any part of the period of continuous service which notice remaining after the employee had with the transmittor and any prior transmittor ceased to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeemployed. e) Employees Exempted

Appears in 2 contracts

Sources: Common Conditions Agreement, Common Conditions Agreement

Redundancy. a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely 49.1 In addition to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises of notice prescribed for termination in subclause 48.1 (a), and discussions occur in accordance with this clause, where the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose Employee’s employment is terminated in circumstances where the Employer no longer has a requirement for the Employees’ position to be undertaken by reason of redundancyanyone, is the Employee shall be entitled to the following amount of severance pay in respect of a period continuous periods of service, as per the NES: Period of continuous service: Less than service Redundancy Payment At least 1 year Nil 1 year and but less than 2 years 4 weeks' pay* weeks At least 2 years and but less than 3 years 6 weeks' pay weeks At least 3 years and but less than 4 years 7 weeks' pay weeks At least 4 years and but less than 5 years 8 weeks' pay weeks At least 5 years and but less than 6 years 10 weeks' pay weeks At least 6 years and but less than 7 years 11 weeks' pay weeks At least 7 years and but less than 8 years 13 weeks' pay weeks At least 8 years and but less than 9 years 14 weeks' pay weeks At least 9 years and but less than 10 years 16 weeks' pay weeks At least 10 years and over 12 weeks' pay * Week's pay 49.2 If an Employee’s position is defined as redundant the base rate Employer will: (a) consult with the affected Employee(s) and their representatives, about: (i) the reasons for redundancy; (ii) the number and categories of pay Employees who are likely to be affected; (iii) when the redundancies are likely to occur; and (iv) whether there are any steps which can be taken to avoid or reduce the need for redundancies; (b) consider whether there are any alternative positions available with the Employer or with its associated entities (c) provide the affected Employee(s) with written information about their entitlements if their employment is terminated on the grounds of redundancy. 49.3 Employees are entitled to seek advice about redundancy from a representative of their choice. If any Employees appoint a representative, the Employer must also consult them about the matters outlined in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling this clause 49. 49.4 If a full time allowances; • bonuses; and • any other ancillary payments or part time Employee is dismissed on the grounds of a like natureredundancy, they will be entitled to: d(a) Transmission notice of Business The provisions termination (or payment in lieu of notice) in accordance with subclause 48.1 of this clause are not applicable where a business is before or after the date of this awardAgreement; (b) up to 1-day paid time off work, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any during each week of the notice period for the purpose of seeking other employment; and (c) redundancy payments as per subclause 49.1. 49.5 The following circumstancesEmployees will not be entitled to redundancy pay: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee(a) Casual Employees; or ii. Where (b) Employees who are undertaking a registered training contract (that is, a registered apprenticeship or registered traineeship), if their employment terminates on completion of their period of training. 49.6 If an Employee takes time off during their notice period to search for other employment, the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable Employer may require them to the employee at provide evidence that would satisfy a reasonable person that the time off was for the purpose of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to attending a job interview. A Commonwealth or Victoria statutory declaration will be continuous service of the employee with the transmitteesufficient. e) Employees Exempted49.7 An Employee who has been provided with notice of termination on the grounds of redundancy is permitted to resign during the notice period. If this occurs, the Employee’s redundancy pay will not be affected but they will not be entitled to payment in lieu of notice for the remaining part of their notice period.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Redundancy. a) Where the Employer has made a redundancy arisesdefinite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer, the Company will provide Employer shall consult with affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur Employees in accordance with the consultation regarding change provision of this clauseAgreement. Redundancy occurs 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 any Employee and that decision leads to the termination of the employment of the Employee, except where this is due to the ordinary and customary turnover of labour (Redundant has a corresponding meaning). Transfer to lower paid duties Where an Employee is transferred to lower paid duties by reason of Redundancy, the Company willEmployee shall be entitled to the same period of notice of transfer as she or he would be entitled to if her or his employment had been terminated, as early as possibleand the Employer may at the Employer’s option, consult on measures taken make payment in lieu thereof of an amount equal to avert or the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks’ notice still due. Redundancy pay In addition to minimise any proposed redundancies and measures to mitigate the adverse affects period of any proposed redundancies on the employees concerned. c) An employeenotice prescribed for termination, an Employee whose employment is terminated by reason of redundancy, is entitled to Redundancy be paid the following amount of severance pay in respect of a period of continuous service: Less . less than 1 one year Nil 1 year and but less than 2 years 4 weeks' pay* ’ pay 2 years and but less than 3 years 6 weeks' pay 3 years and but less than 4 years 7 weeks' pay 4 years and but less than 5 years 8 weeks' pay 5 years and but less than 6 years 10 weeks' pay 6 years and but less than 7 years 11 weeks' pay 7 years and but less than 8 years 13 weeks' pay 8 years and but less than 9 years 14 weeks' pay 9 years and less than 10 years over 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted’ pay

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Redundancy. 45.1 The employer shall advise the Association in writing of any impending redundancy (see definition in clause 11) at least one month before it is expected to occur. The purpose of this period is to give reasonable time for the parties, including the affected employee(s), to discuss the situation, consider the options available to them and to negotiate an agreement. (a) Where Options that might be considered when a redundancy arisesexists include, the Company will provide affected employees and their representatives (if requested by an affected employee) but are not necessarily limited to:  No change or reconfirmation in good timepresent position;  Reassignment or redeployment to a new role;  Reduction in hours, with relevant information includingseverance based on loss of hours provided that no payment shall be made for a reduction in hours worked on rostered after-hours on-call duties (refer Clause 13.3);  Natural attrition;  Leave without pay;  Early retirement;  Retraining;  Termination of employment and payment of severance;  Any combination of the above. (b) To ascertain which of the above should be applied to any affected individual the following principles should apply: i. (i) Where reconfirmation (i.e. appointment to the reasons same job, with the same conditions, albeit in a reconfigured service) can occur, that option shall be adopted and no severance is payable. (ii) Severance will not be paid where the employee remains in essentially the same position but agrees to an increase in their hours or job size. (c) Severance payments will be calculated according to the following formula:  Six weeks’ base salary for any proposed redundancy; ii. the preceding 12 months of service or part service where the employee has had less than 12 months’ service; plus  Two weeks’ base salary for the preceding 12 months multiplied by the number and categories of workers likely years of service minus one, up to be affected; iii. a maximum of 19; plus  Where the period over which any proposed redundancies are intended of total aggregated service is less than 20 years, 0.333 per cent of base salary for the preceding 12 months multiplied by the number of completed months in addition to be carried out. b) Where the completed years of service; plus  For an employee who has ten or more years’ qualifying service, a redundancy dispute arises and discussions occur retiring gratuity in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedentitlement they might have under Clause 20. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted

Appears in 2 contracts

Sources: Collective Agreement, Senior Medical and Dental Officers Collective Agreement

Redundancy. a) Where a redundancy arises, 35.1 Definition Redundancy occurs when the Company will provide affected employees decides that it no longer wishes the job the employee has been doing to be done by anyone and their representatives (this is not due to the ordinary and customary turnover of labour. 35.2 Transfer to lower paid duties 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 been entitled to if requested by the employment had been terminated and the Company may at the Company's option, make payment in lieu thereof of an affected employee) in good time, with relevant information including: i. amount equal to the reasons difference between the former ordinary rate of pay and the new ordinary time rate for any proposed redundancy; ii. the number and categories of workers likely weeks of notice still owing. 35.3 Severance pay In addition to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clauseof notice prescribed for ordinary termination above, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an employee whose employment is terminated by reason of redundancyredundancy must be paid, is entitled subject to any determination or order, the following amount of severance pay in respect of a continuous period of continuous service: (a) If an employee is under 45 years of age, the Company will pay in accordance with the following scale: Years of Service Entitlement under 45 years of age Less than 1 year Nil 1 week 1 year and less than 2 years 4 weeks' pay* weeks 2 years and less than 3 years 7 weeks 2 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks' pay (b) Where an employee is 45 years of age or over, the entitlement will be in accordance with the following scale: Years of Service Entitlement 45 years of age and over Less than 1 year 2 weeks 1 year and less than 2 years 5 weeks Years of Service Entitlement 45 years of age and over 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 7 weeks' pay 12.5 weeks 4 years and less than 5 years 8 weeks' pay 15 weeks 5 years and less than 6 years 10 weeks' pay 17.5 weeks 6 years and over 20 weeks Note: Employees with at least 7 years continuous service as at 13 August 2010 will, in substitution for the entitlement above, be entitled to the preserved severance entitlements after 10 years of service as follows: • Under 45 years of age — 18 weeks • Over 45 years of age — 24 weeks Employees with less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to as at 13 August 2010 will not be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable entitled to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteepreserved severance entitlements outlined above. e) Employees Exempted

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Redundancy. (a) Where Serco has made a redundancy arisesdefinite decision that the company no longer wishes the job employees have been doing to be done by anyone, and that decision may lead to termination of employment, the Company company will provide have discussions as soon as practicable with the employees directly affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the nominated representative of that employee. Discussions must include: ▪ the reasons for any the proposed redundancy; ii. terminations; ▪ measures to avoid or minimise the number terminations; and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects effects of any proposed redundancies terminations on the employees concerned. (b) For the purposes of such discussion the company must as soon as practicable provide in writing to the employees concerned, all relevant information about the proposed terminations, including; ▪ the reasons for the proposed terminations; ▪ the number of employees likely to be affected; ▪ the number of employees normally employed; and ▪ the period over which the terminations are likely to take place. The company is not required to disclose confidential information, the disclosure of which when looked at objectively, would be against Serco’s interests. (c) An employee, whose employment is terminated by reason In the event of terminations due to redundancy, is entitled to the following amount scale of severance pay in respect of a period payments is to apply. Period of continuous service: service with the company Severance pay [weeks of ordinary time pay] Less than 1 year Nil nil 1 year and less but not more than 2 years 4 weeks' pay* More than 2 years and less but not more than 3 years 6 weeks' pay More than 3 years and less but not more than 4 years 7 weeks' pay More than 4 years and less but not more than 5 years 8 weeks' pay More than 5 years and less but not more than 6 years 10 weeks' pay 9 More than 6 years and less but not more than 7 years 11 weeks' pay 10 More than 7 years and less but not more than 8 years 13 weeks' pay 11 More than 8 years and less but not more than 9 years 14 weeks' pay 12 More than 9 years and less but not more than 10 years 16 weeks' pay 13 More than 10 years and over but not more than 11 years 14 More than 11 years but not more than 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like natureyears 15 More than 12 years 16 (d) Transmission of Business Any unused personal leave accumulated by an employee will be paid to that employee upon redundancy. (e) The provisions of this clause are not applicable where a transmission of business occurs or employment is before or after offered by the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteenew employer. e) Employees Exempted

Appears in 1 contract

Sources: Employment Agreement

Redundancy. a) 35.1 Where a an Employee is terminated for reason of redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good timecomply, where applicable, with relevant information includingthe redundancy pay provisions contained in the NES as summarised below. 35.2 An Employee is made redundant where their employment is terminated: i. a) at the reasons for any proposed redundancy; ii. Company's initiative because it no longer requires the number and categories of workers likely job done by the Employee to be affected; iii. done by anyone, except where this is due to the period over which any proposed redundancies are intended to be carried out.ordinary or customary turnover of labour; or b) because of the insolvency or bankruptcy of the Company. 35.3 Where a redundancy dispute arises and discussions occur eligible, the NES provides for Employees to receive severance payments calculated at their base rate of pay for Ordinary Hours worked in accordance with the following table: At least 1 year but less than 2 years 4 weeks At least 2 years but less than 3 years 6 weeks At least 3 years but less than 4 years 7 weeks At least 4 years but less than 5 years 8 weeks At least 5 years but less than 6 years 10 weeks At least 6 years but less than 7 years 11 weeks At least 7 years but less than 8 years 13 weeks At least 8 years but less than 9 years 14 weeks At least 9 years but less than 10 years 16 weeks At least 10 years 12 weeks 35.4 The amount of severance pay is in addition to the notice requirements. 35.5 Where an Industry Specific Redundancy Scheme in any applicable award provides a greater entitlement than the redundancy provision under this clause, the Company will, as early as possible, consult on measures taken will pay to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on Employee the employees concernedamounted listed in the Award. c) An employee, whose employment is terminated by reason of redundancy, is entitled 35.6 Upon application to the following Fair Work Commission, the Company may seek to vary the amount of severance pay in respect where it obtains other acceptable employment or cannot pay the amount. 35.7 Employees are not entitled to severance pay if, for example: a) they have less than 12 months' continuous service; b) they are employed for a specified period of time for a specified task, or for the duration of a period specified season; c) they are terminated because of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like natureserious misconduct; d) Transmission they are employed as a casual; e) they are engaged as an apprentice; f) a training arrangement applies (other than an apprenticeship) and the employment is for a specified period of Business The provisions of this clause are not applicable where a business is before time or after for any reason limited to the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any duration of the following circumstances:training arrangement; i. Where the employee g) there is a transfer of employment where an Employee accepts employment with the transmittee which recognises new Company who agrees to recognise the period of continuous Employee's service which the employee had with the transmittor Company; h) there is a transfer of employment, and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee an Employee rejects an offer of employment with the transmittee: • in new Company which recognises the Employee's service with the Company and the terms and conditions of employment offered are substantially similar and no less favourable, considered on an overall basisbasis no less favourable than those provided by the Company. 35.8 Clause 35.9 applies if, than because of redundancy, an Employee is transferred to new duties to which a lower ordinary rate of pay applies. 35.9 The Company may: a) give the terms and conditions applicable Employee notice of the transfer of at least the same length as the Employee would be entitled to under clause 33.1 of this Agreement as if it were a notice of termination given by the Employer; or b) transfer the Employee to the employee at new duties without giving notice of transfer or before the time expiry of ceasing a notice of transfer, provided that the Company pays the Employee as set out in clause 35.3 or 35.5 (which ever applies) of this Agreement. c) If the Company acts as mentioned in clause 35.9(b), the Employee is entitled to a payment of an amount equal to the difference between the Employee’s Ordinary Hourly Rate of pay for the hours of work the Employee would have worked in the first role, and the Ordinary Hourly Rate of pay for the period for which notice was not given. 35.10 An Employee given notice of termination in circumstances of redundancy may terminate their employment with during the transmittor; minimum period of notice prescribed by 33.1 of this Agreement. 35.11 The Employee is entitled to receive the benefits and • which recognises payments they would have received under this clause, had they remained in employment until the expiry of the notice. 35.12 However, the Employee is not entitled to be paid for any part of the period of continuous service which notice remaining after the employee had with the transmittor and any prior transmittor Employee ceases to be continuous service employed. 35.13 Where the Company has given notice of termination to an employee in circumstances of redundancy, the Employee must be allowed time off without loss of pay of up to one day each week of the employee with minimum period of notice outlined in 33.1 of this Agreement for the transmitteepurpose of seeking other employment. e) Employees Exempted35.14 If an Employee is allowed time off without loss of pay of more than one day under clause 35.13 above, the Employee must, at the request of the Company, produce proof of attendance at an interview. 35.15 A statutory declaration is sufficient for the purpose of clause 35.14. 35.16 An Employee who fails to produce proof when required under clause 35.14 is not entitled to be paid for the time off. 35.17 This entitlement applies instead of clause 33.4 of this Agreement.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. 14.1.1 The Company may terminate the employment of an Employee on the grounds of redundancy where the Company has made a definite decision that it no longer wishes the job the Employee has been doing done by that, or any other person, or because the Company is insolvent. 14.1.2 In cases where the Company terminates employment on grounds of redundancy, the actual Employee(s) to be retrenched shall be determined by considerations such as: - (a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancyoperational requirements; ii. the number and categories of workers likely to be affected(b) Employee’s classifications; iii. the period over which any proposed redundancies are intended to be carried out(c) Employee’s experience, skills and ability; and, (d) Employee’s personal qualities, and service record, including length of service, attendance, punctuality, and general reliability. b) Where a redundancy dispute arises and discussions occur in accordance with this clause14.1.3 In addition to any required period of notice, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason of redundancy, is redundancy shall be entitled to the following amount of severance pay in respect of a period of continuous serviceaccordance with the following table: Less than 1 year Nil 1.75 hours pay for each completed week of service 1 year and or more but less than 2 years 4 weeks' pay* 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 week’s pay 2 years and or more but less than 3 years 6 weeks' 4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 week’s pay 3 years and or more but less than 4 years 7 weeks' weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 week’s pay 4 years and less than 5 years or more 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's weeks pay 14.1.4 A week’s pay is defined as 38 hours at the base Employees’ rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (as provided in this subclause called the transmittor) to another employer (in this subclause called the transmittee), Agreement without any allowances. 14.1.5 The above redundancy provisions do not apply in any of the following circumstances: i. (a) Where an incoming Company offers to continue the employment of the Employee on acceptable terms and conditions; (b) Where the Company transfers the Employee to a related Company and ensures continuity of service; (c) Where the Employee’s employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or (d) Where the employee accepts employment with the transmittee which recognises the is a casual Employee engaged for a specific period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeor for a specific task or tasks. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. aThe parties acknowledge that occasions may arise when, due to a down turn in work and completion of projects, it may not be possible to retain all Employees. In such cases employment consideration shall be determined by work availability, skill and ability of the Employee, diligence, experience, suitability to the task(s) Where a and work performance (including attendance and punctuality). It is agreed that the notion of “last on – first off” shall not be the determining factor in the redundancy arisesdecision. In addition to the notice periods prescribed in Clause 43, the Company payment will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur made in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies Severance Payment Table below for those Employees terminated on the employees concerned. c) An employee, whose employment is terminated by reason basis of bona fide redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil At Least 1 year and but less than 2 years 4 weeks' pay* weeks At Least 2 years and but less than 3 years 6 weeks' pay weeks At Least 3 years and but less than 4 years 7 weeks' pay weeks At Least 4 years and but less than 5 years 8 weeks' pay weeks At Least 5 years and but less than 6 years 10 weeks' pay weeks At Least 6 years and but less than 7 years 11 weeks' pay weeks At Least 7 years and but less than 8 years 13 weeks' pay weeks At Least 8 years and but less than 9 years 14 weeks' pay weeks At Least 9 years and but less than 10 years 16 weeks' pay weeks At Least 10 years 16 weeks Where a redundancy occurs and over 12 weeks' an Employee is offered suitable alternative employment within the Company, which includes preservation of all accrued leave entitlements, or where the Company finds an Employee suitable alternative employment, an Employee is not entitled to redundancy pay * Week's pay is defined as under the base rate Act in relation to the termination of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstancestheir employment if: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee a) The Employee rejects an offer of employment with the transmittee: • in which the that is on terms and conditions are substantially similar and no less favourableto, and, considered on an overall basis, than no less favourable than, the Employee's terms and conditions applicable to the employee at the time of ceasing employment with the transmittorfirst employer immediately before the termination; and • which recognises and b) Recognises the period of continuous Employee's service which the employee had with the transmittor and any prior transmittor first employer; and c) Had the Employee accepted the offer, there would have been a transfer of employment in relation to be continuous service the Employee. For the purposes of this clause this redundancy provision will not apply to the employee with the transmitteefollowing: • Employees on probation or casual Employees; or • Fixed term Employees. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arises, the Company 17.1 Redundancy entitlements will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedNES. c) An employee17.2 Where an Employee is made redundant within the meaning of the NES, whose employment is terminated by reason of redundancyan Employee’s entitlement to severance will be in accordance with the NES, is entitled to the following amount of severance pay in respect of a period of continuous servicenamely: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* weeks pay 2 years and less than 3 years 6 weeks' weeks pay 3 years year and less than 4 years 7 weeks' weeks pay 4 years and less than 5 years 8 weeks' weeks pay 5 years and less than 6 years 10 weeks' weeks pay 6 years and less than 7 years 11 weeks' weeks pay 7 years and less than 8 years 13 weeks' weeks pay 8 years and less than 9 years 14 weeks' weeks pay 9 years and less than 10 years 16 weeks' weeks pay More than 10 years and over 12 weeks' pay * Week's pay is defined as weeks pay 17.3 Where the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of Employer has made a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after firm decision that an Employee’s position will be made redundant, within the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any meaning of the following circumstancesNES, the Employer must have discussions, as soon as practicable, with the Employees directly affected and, where requested by an affected Employee, the Union or other nominated representative. The discussions must include: i. Where 17.3.1 the employee accepts employment with reasons for the transmittee which recognises proposed redundancies; 17.3.2 measures to avoid or minimize the redundancies; and 17.3.3 measures to mitigate the adverse effects of any terminations on the Employees concerned. 17.4 For the purpose of these discussions the Employer must, as soon as practicable, provide in writing to the Employees concerned and, where requested by the Employee, the Union, or other nominated representative, all relevant information about the proposed terminations, including: 17.4.1 the reasons for the proposed terminations; 17.4.2 the number and categories of Employees likely to be affected; 17.4.3 the number of workers normally employed; and 17.4.4 the period of continuous service over which the employee had with the transmittor and any prior transmittor terminations are likely to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteecarried out. e) Employees Exempted17.5 The Employer is not required to disclose confidential information, the disclosure of which, when looked at objectively, would be against the Employer's interests.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. (a) Where the Employer has made a redundancy arisesdefinite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer, the Company will provide Employer shall consult with affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur Employees in accordance with the consultation regarding change provision of this clauseAgreement. (b) Redundancy occurs 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 any Employee and that decision leads to the termination of the employment of the Employee, except where this is due to the ordinary and customary turnover of labour (Redundant has a corresponding meaning). (c) Transfer to lower paid duties (i) Where an Employee is transferred to lower paid duties by reason of Redundancy, the Company willEmployee shall be entitled to the same period of notice of transfer as she or he would be entitled to if her or his employment had been terminated, as early as possibleand the Employer may at the Employer’s option, consult on measures taken make payment in lieu thereof of an amount equal to avert or to minimise any proposed redundancies the difference between the former ordinary time rate of pay and measures to mitigate the adverse affects new lower ordinary time rates for the number of any proposed redundancies on the employees concernedweeks’ notice still due. c(d) An employeeSeverance pay (i) In addition to the period of notice prescribed for termination, an Employee whose employment is terminated by reason of redundancy, is entitled to Redundancy be paid the following amount of severance pay in respect of a period of continuous service: Less . less than 1 one year Nil 1 year and but less than 2 years 4 weeks' pay* ’ pay 2 years and but less than 3 years 6 weeks' pay 3 years and but less than 4 years 7 weeks' pay 4 years and but less than 5 years 8 weeks' pay 5 years and but less than 6 years 10 weeks' pay 6 years and but less than 7 years 11 weeks' pay 7 years and but less than 8 years 13 weeks' pay 8 years and but less than 9 years 14 weeks' pay 9 years and less than 10 years over 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as ’ pay (ii) Weeks’ pay" means the base ordinary time rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after for the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployee concerned. e) Employees Exempted

Appears in 1 contract

Sources: Nursing Employees Enterprise Agreement

Redundancy. (a) Where Redundancy occurs where an employee’s employment (other than a casual) is terminated at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone. (b) All provisions of the Act that have, or may have, the effect of averting, excluding or reducing the employer’s obligation to pay redundancy arisespay (or have the effect of such obligation not arising) are incorporated into this Agreement as at the date this Agreement is lodged with the Fair Work Commission, including, without limitation: • section 120 of the Act (which broadly deals with applications to the Fair Work Commission to reduce redundancy pay in certain circumstances); and • section 122 of the Act (which broadly deals with transfer of employment situations that affect the obligation to pay redundancy pay). (c) The redundancy pay provisions set out in this clause 9.0 of the Agreement, including provisions of the Act incorporated into this Agreement in this clause 9.0, apply instead of the industry specific redundancy scheme set out in the award. (d) Should retrenchments be required, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information includingconsider the following: i. the reasons (i) Expressions of interest for any proposed voluntary redundancy; (ii. the number ) Employee’s skills held and categories level of workers likely to be affectedskills; (iii. ) The skills required by the period over which any proposed redundancies are intended to be carried outCompany; (iv) The employee’s length of service; or (v) Opportunities for redeployment in the Company and the enterprise of an associated entity of the Company. b(e) Where a Redundancy pay: an employee shall receive redundancy dispute arises and discussions occur in accordance with this clause/ severance payments, the Company will, calculated as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period follows: Period of continuous service: Less than service Redundancy or Severance Payment At least 1 year Nil 1 year and but less than 2 years 4 weeks' pay* ’ pay At least 2 years and but less than 3 years 6 weeks' pay At least 3 years and but less than 4 years 7 weeks' pay At least 4 years and but less than 5 years 8 weeks' pay At least 5 years and but less than 6 years 10 weeks' pay At least 6 years and but less than 7 years 11 weeks' pay At least 7 years and but less than 8 years 13 weeks' pay At least 8 years and but less than 9 years 14 weeks' pay At least 9 years and but less than 10 years 16 weeks' pay At least 10 years and over 12 but less than 11 years 18 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted11 years + 18 weeks’ + 1 week per additional year

Appears in 1 contract

Sources: Recycling Industries Agreement

Redundancy. a) Where 43.1 Redundancy occurs where an Employer has made a redundancy arises, definite decision that it no longer wishes the Company will provide affected employees and their representatives (if requested job performed by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely Employee to continue to be affected;done by anyone and this is not due to the ordinary and customary turnover of labour. iii. 43.2 Subject to 43.4 below, in addition to the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur of notice prescribed for ordinary termination in accordance with this clauseClause 38, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason way of redundancy, is genuine redundancy will be entitled to the following amount of severance pay in respect of a continuous period of continuous service: Less than 1 year Nil 1 year years and less than 2 years 4 weeks' pay* ’ pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and less than 11 years 18 weeks’ pay 11 years and less than 12 years 19 weeks’ pay 12 years and over 12 20 weeks’ pay (capped) Note: In this Agreement, ▇▇▇▇▇' pay * Week's pay is defined as means the base ordinary time rate of pay in Clause 6 and such rate shall exclude: • for the Employee concerned, but does not include overtime; penalty rates; disability allowances; • shift allowances; • special rates; fares and travelling time allowances; bonuses; and • or any other ancillary payments of a like nature. d43.3 Provided that, ▇▇▇▇▇▇▇ will not be obliged to make a severance payment if ▇▇▇▇▇▇▇ obtains suitable alternative employment for the Employee, and/or the Employee unreasonably rejects the offer of employment. Suitable alternative employment will be a role which is of equivalent pay and utilising similar skills to what the Employee already has. 43.4 During the period of notice of termination given by the Employer in accordance with Clause 38, an Employee will be allowed up to one (1) Transmission day’s time off without loss of Business pay during each week of notice for the purpose of seeking alternative employment. 43.5 If We transfer You, with your consent, to lower paid duties as a result of Your position becoming redundant, the same period of notice must be given to You as You would have been entitled to if the employment had been terminated. The Company may at its discretion, make payment in lieu of notice by an amount equal to the difference between Your former rate of pay and the new ordinary time rate for the number of weeks of notice still owing. In this situation, no severance pay is payable. 43.6 This clause does not apply where employment is terminated for a reason other than redundancy, or if the Employee is a casual employee of any kind, an employee serving a probationary period, an apprentice or an employee engaged for a specific period of time or for a specific task or tasks. 43.7 The provisions of this clause 43.2 are not applicable where a the business is before or after the date of this award, transmitted from an employer the the Employer (in this subclause called the transmittor) to another employer Employer (in this subclause called the transmitteetransmitee), in any of the following circumstances: i. : • Where the employee Employee accepts employment with the transmittee which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee Employee with the transmittee; or ii. or • Where the employee Employee unreasonably rejects an offer of employment with the transmittee: • : a) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee Employee at the time of ceasing employment with the transmittor; and • and b) which recognises the period of continuous service which the employee Employee had with the transmittor and any prior transmittor to be continuous service of the employee Employee with the transmittee. e) Employees Exempted

Appears in 1 contract

Sources: Collective Agreement

Redundancy. ‌ (a) Where a redundancy arises, Redundancy occurs if an Employee's employment is terminated: (i) at the Company's initiative because the Company will provide affected employees and their representatives (if requested no longer requires the work done by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely Employee to be affected;done by anyone, except where this is due to the ordinary and customary turnover of labour; or iii. (ii) because of the period over which any proposed redundancies are intended to be carried outinsolvency of the Company. (b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company willemploys 15 or more Employees, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason on grounds of redundancy, is redundancy will be entitled to the following an amount of severance redundancy pay in respect of a the applicable continuous period of continuous service, in accordance with the industry specific redundancy scheme at clause 41 of the Award, as reflected in the following table: Less Period of Continuous Service Redundancy Pay (calculated at the Ordinary Time rate of pay) Not more than 1 year Nil 1.75 hours per week of service More than 1 year and less but not more than 2 years 4 2.4 weeks' pay* pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks' pay More than 2 years and less year but not more than 3 years 6 4.8 weeks' pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks' pay More than 3 years and less year but not more than 4 years 7 weeks' pay 4 years and less than 5 years plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks' pay 5 4 years and less than 6 years 10 or more 8 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like naturepay d(c) Transmission of Business The provisions of this clause are do not applicable where a business is before or after apply to an Employee if the date of this award, transmitted from an employer (in this subclause called Company offers the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts Employee other employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the on substantially similar terms and conditions are substantially similar within the Company, or a successor who recognises the Employee's service, even if the Employee refuses that offer. (d) All other provisions relating to redundancy and no less favourablethe exclusions from the obligation to pay redundancy pay contained within the FW Act will apply. (e) This clause 12 does not apply to casual Employees, considered on an overall basis, than the terms maximum term Employees or specified task Employees. (f) This clause 12 does not apply where termination is due to ordinary and conditions applicable customary turnover of labour due to the end of a project for which an employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteewas specifically engaged. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) 2.7.1 Redundancy occurs where an employer decides 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. 2.7.2 Where a an employee is transferred to lower paid duties by reason of redundancy arisesthe same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the Company will provide affected employees difference between the former ordinary rate of pay and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons new ordinary time rate for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried outweeks of notice still owing. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) 2.7.3 An employee, employee whose employment is terminated by reason of redundancy, redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Severance pay Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years yeas 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as means the base ordinary time rate of pay in Clause 6 and for the employee concerned. Provided that such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature. d) Transmission of Business The provisions of this clause are 2.7.4 Provided that the severance payments shall not applicable where a business is before or after exceed the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where amount which the employee accepts would have earned if employment with the transmittee which recognises employer had proceeded to the employee's normal retirement date. 2.7.5 Continuity of service shall be calculated in the manner prescribed by clause 2.9. 2.7.6 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004]. 2.7.7 An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • notice set out in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exemptedclause 2.3 -

Appears in 1 contract

Sources: Workplace Agreement

Redundancy. a) Where a redundancy arises, The provisions of this clause do not apply to casual employment or if the Company engages fifteen (15) Employees or less. An Employee’s job is considered to be redundant if the employer has made a definite decision that the job is no longer required and will provide affected employees and their representatives (if requested not be done by an affected employee) in good timeany person due to operational requirements such as economic, structural or technical changes. The employer will consult with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers Employees likely to be affected; iiieffected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected Employees. An Employee who has received notice of termination due to redundancy may terminate their employment during the period over which any proposed redundancies are intended of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such Employee shall not be carried out. b) Where a entitled to payment in lieu of notice. The Company shall provide Employees with notice of redundancy dispute arises and discussions occur or pay in accordance with this clause, the Company willlieu of such notice, as early as possibleset out in Clause 8.5 of this Agreement. In addition to the period of notice prescribed above, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason of redundancy, is redundancy shall be entitled to the following amount of severance pay in respect accordance with the following table: Completed Years of a period of continuous service: Less than Service Entitlement 1 year Nil 1 year and or more but less than 2 years 4 weeks' pay* 2.4 weeks pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay 2 years and or more but less than 3 4.8 weeks pay plus, for all service in years 6 weeks' excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years and or more but less than 4 years 7 weeks' weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay 4 years and less than 5 years or more 8 weeks' weeks pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's A week’s pay is defined as 38 hours at the base Employees’ rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (as provided in this subclause called the transmittor) to another employer (in this subclause called the transmittee), Agreement without any allowances. The above redundancy provisions do not apply in any of the following circumstances: i. : • Where an incoming employer offers to continue the employment of the Employee; • Where the employee accepts Employer transfers the Employee to a related Company and ensures continuity of service; • Where employment with is terminated as a consequence of conduct that justifies instant dismissal, (including malingering, inefficiency, misconduct or neglect of duty), summary dismissal (as defined in Clause 8.7), or in the transmittee which recognises the case of casual Employees, apprentices or trainees engaged for a specific period of continuous service which the employee had with the transmittor and any prior transmittor time or for a specific task or tasks. The Company may utilise funds it has paid into a redundancy trust fund to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable meet its obligation for redundancy payments to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployees. e) Employees Exempted

Appears in 1 contract

Sources: Employee Collective Agreement

Redundancy. a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely 27.1 An Employee is entitled to be affected; iii. paid redundancy pay by the period over which any proposed redundancies are intended Employer if the Employee's employment is terminated at the Employer's initiative because the Employer no longer requires the job done by the Employee to be carried outdone by anyone, except where this is due to the ordinary and customary turnover of labour. b) Where 27.2 Redundancy is paid on a redundancy dispute arises and discussions occur 38 ordinary hour Week at the Employee's Base rate of pay. 27.3 Redundancy pay is payable in accordance with this clause, the Company will, as early as possible, consult on measures taken table below. The amount of redundancy pay is in addition to avert or the period of notice to minimise any proposed redundancies and measures to mitigate which the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, employee is entitled to under the following amount termination provisions of severance pay in respect of a period this Agreement. Period of continuous service: service Severance pay Less than 1 year Nil 1 year and but less than 2 years 4 weeks' weeks ("Base" rate of pay* ) 2 years and but less than 3 years 6 weeks' pay weeks ("Base" rate of pay) 3 years and but less than 4 years 7 weeks' pay weeks ("Base" rate of pay) 4 years and but less than 5 years 8 weeks' pay weeks ("Base" rate of pay) 5 years and but less than 6 years 10 weeks' pay weeks ("Base" rate of pay) 6 years and but less than 7 years 11 weeks' pay weeks ("Base" rate of pay) 7 years and but less than 8 years 13 weeks' pay weeks ("Base" rate of pay) 8 years and but less than 9 years 14 weeks' pay weeks ("Base" rate of pay) 9 years and but less than 10 years 16 weeks' pay weeks ("Base" rate of pay) 10 years and over or more 12 weeks' pay * Week's weeks ("Base" rate of pay) 27.4 In accordance with the FW Act: (a) An Employee is not entitled to redundancy if the Company obtains suitable alternative employment for the Employee. (b) Redundancy pay is defined as the base not payable to Casual Employees, apprentices or trainees. 27.5 Transfer to lower paid duties (a) Clause 27.5 applies if, because of redundancy, an Employee is transferred to new duties to which a lower ordinary rate of pay in Clause 6 and such rate shall exclude: • overtimeapplies. (b) The Employer may: (i) give the Employee notice of the transfer of at least the same length as the Employee would be entitled to under section 117 of the FW Act as if it were a notice of termination given by the Employer; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments or (ii) transfer the Employee to the new duties without giving notice of transfer or before the expiry of a like naturenotice of transfer, provided that the Employer pays the Employee as set out in clause 27.5(c). d(c) Transmission of Business The provisions of this If the Employer acts as mentioned in clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee27.5(b)(ii), in any the Employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the following circumstances:Employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the Employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the Employee in the second role for the period for which notice was not given. i. Where 27.6 Employee leaving during notice period (a) An Employee given notice of termination in circumstances of redundancy may terminate their employment during the employee accepts minimum period of notice set out in clause 25.1. (b) The Employee is entitled to receive the benefits and payments they would have received under clause 27 or under the FW Act had they remained in employment with until the transmittee which recognises expiry of the notice. (c) However, the Employee is not entitled to be paid for any part of the period of continuous service which notice remaining after the employee had with the transmittor and any prior transmittor Employee ceased to be continuous service employed. 27.7 Job search entitlement (a) Where an Employer has given notice of termination to an Employee in circumstances of redundancy, the Employee must be allowed time off without loss of pay of up to one day each Week of the employee with minimum period of notice prescribed by the transmittee; orFW Act for the purpose of seeking other employment. ii. Where (b) If an Employee is allowed time off without loss of pay of more than one day under paragraph (a), the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourableEmployee must, considered on an overall basis, than the terms and conditions applicable to the employee at the time request of ceasing employment with the transmittor; and • which recognises Employer, produce proof of attendance at an interview. (c) A statutory declaration is sufficient for the period purpose of continuous service which the employee had with the transmittor and any prior transmittor paragraph (b). (d) An Employee who fails to produce proof when required under paragraph (b) is not entitled to be continuous service of paid for the employee with the transmitteetime off. (e) Employees ExemptedThis entitlement applies instead of clauses 25.7 and 25.8.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a 39.1. How is redundancy arisespayable a. Subject to clause 39.c, in the Company will provide affected employees event an Employee’s employment, excluding Casual and their representatives (if requested by an affected employee) in good timeTemporary Employees, with relevant information includingis terminated due to redundancy as Auto & General: i. does not require the reasons for any proposed redundancy;Employee’s job to be done by anyone, except where this is due to ordinary and customary turnover in labour; or ii. has become insolvent or bankrupt, Auto & General will provide the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance Employee with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount Redundancy Pay, in addition to notice as prescribed by clause 35.1 of severance pay in respect of a period of continuous servicethis Agreement: Less than 1 year Nil At least 1 year and less but not more than 2 years 4 weeks' pay* weeks At least 2 years and but less than 3 years 6 weeks' pay weeks At least 3 years and but less than 4 years 7 weeks' pay weeks At least 4 years and but less than 5 years 8 weeks' pay weeks At least 5 years and but less than 6 years 10 weeks' pay weeks At least 6 years and but less than 7 years 11 weeks' pay weeks At least 7 years and but less than 8 years 13 weeks' pay weeks At least 8 years and but less than 9 years 14 weeks' pay weeks More than 9 years and less than 10 years 16 weeks' pay 10 years b. An Employee’s entitlement to Redundancy Pay will be calculated and over 12 weeks' pay * Week's pay is defined as paid at the base rate Employee’s Actual Rate of pay in Clause 6 and such rate shall exclude: • Pay, exclusive of overtime; • , penalty rates; • disability , loadings and/or allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature. d) Transmission of Business The provisions of this clause are not applicable where a business is before or after c. Subject to Auto & General making an application to the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any FWC under s 120 of the following circumstancesAct, an Employee will not be entitled to Redundancy (Severance) Pay as prescribed in clause 39.a, if at any time: i. Where the employee accepts Employee has been offered and accepted alternative employment with the transmittee Auto & General or any of its related entities which recognises the Employee’s period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeAuto & General; or ii. Where the employee rejects an offer Employee is offered and refuses to accept a comparable role with Auto & General or any of its related entities d. In this clause 39, alternative employment with the transmittee: • means employment in a role for which the Employee is qualified by his or her training and experience and which provides for terms and conditions of employment which overall, are substantially similar and no less favourable, considered on an overall basis, favourable than the terms and conditions applicable of the Employee’s existing role immediately before redundancy. e. In this clause 39, comparable role means a role with substantially similar terms and conditions of employment to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployee’s existing role immediately before redundancy. e) Employees Exemptedf. Any disagreement between an Employee and Auto & General as to what constitutes alternative employment, or a comparable role the operation of this clause 39 will be dealt with under clause 42.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. 33.1 Redundancy occurs when the Employer no longer requires the job done by an Employee to be done by anyone. The following situations, which are not exhaustive, may lead to a job becoming redundant, although not necessarily in every case: (a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancytechnological change; ii. (b) position redesign/change resulting in the number and categories requirement of workers likely to be affecteda substantially different set of skills, competencies and/or capabilities; iii. the period over which any proposed redundancies are intended to be carried out(c) process change; (d) rationalisation of existing operations; (e) organisational restructuring, including mergers and acquisitions; (f) closure of an office or plant or a section of an office or plant; (g) reduced levels of business requiring reductions in staffing levels; and (h) financial imperatives requiring downsizing of operations. b) Where a 33.2 In addition to receiving notice of termination or pay in lieu thereof under this Agreement, an Employee will be entitled to redundancy dispute arises and discussions occur pay in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate following table if the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose Employee’s employment is terminated by reason of redundancy, at the Employer’s initiative because the Employee’s job is entitled to the following amount of severance pay in respect of a period of continuous serviceredundant: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* ’ pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 12 weeks' pay 7 years and less than 8 years 13 14 weeks' pay 8 years and less than 9 years 14 16 weeks' pay 9 years and less than 10 years 16 18 weeks' pay 10 years and over 12 20 weeks' pay * Week's pay is defined as the base rate of and 2 weeks per year after 10 years 33.3 The Employer shall have no obligation to provide redundancy pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like naturecircumstances where the Employer: d(a) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted would be excluded from an employer (in this subclause called the transmittor) obligation to another employer (in this subclause called the transmittee), in any provide redundancy pay under section 121 of the following circumstances:Act; i. Where (b) obtains other acceptable employment for the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployee; or ii33.4 An Employer may, in its discretion, use a redundancy fund or scheme to meet all or some of its potential obligations under this clause. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourableEmployer uses such a fund/scheme, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service payments made out of the employee with fund/scheme to an Employee, which are intended to meet the transmitteeEmployer’s liabilities under this clause, will be set-off against the Employer’s liability under this clause – that is, the Employee will receive the fund/scheme payment or a payment from the Employer under this clause, whichever is the greater, but not both. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arisesRedundancy occurs when ▇▇▇▇▇▇ decides that it no longer requires the job done by the employee to be done by anyone, and where this situation is not due to the ordinary and customary turnover of labour, or because of the insolvency or bankruptcy of Kalari. This may happen because of changing operational requirements, the Company will provide affected employees and their representatives (if requested by an affected employee) in good timeintroduction of new technology, with relevant information including: i. the reasons for any proposed redundancy; iieconomic downturns, company mergers, take-overs or restructuring. the number and categories of workers likely In addition to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clauseof notice prescribed for ordinary termination, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an employee whose employment is terminated by reason of redundancy, is redundancy will be entitled to the following amount of severance pay in respect of a continuous period of continuous service: Less than 1 year Nil 1 year and but less than 2 years 4 weeks' pay* pay 2 years and but less than 3 years 6 weeks' pay 3 years and but less than 4 years 7 weeks' pay 4 years and but less than 5 years 8 weeks' pay 5 years and but less than 6 years 10 weeks' pay 6 years and but less than 7 years 11 weeks' pay 7 years and but less than 8 years 13 weeks' pay 8 years and but less than 9 years 14 weeks' pay 9 years and but less than 10 years 16 weeks' pay 10 years and over 12 16 weeks' pay * Week's pay ‘Weeks’ pay’ is defined as calculated on the base employee’s ordinary rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of pay. ▇▇▇▇▇▇ will not be obliged to make a like nature d) Transmission of Business The provisions of severance payment under this clause are where: a) an employee is offered suitable alternative employment with ▇▇▇▇▇▇, whether or not applicable where a business that offer is before or after accepted by the employee; or b) an employee is dismissed for serious misconduct, in which case the employee is only entitled to payment for time worked up to the date of dismissal.‌ ▇▇▇▇▇▇ will not be obliged to make a severance payment to an employee under this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstancesclause where: i. Where a) there has been a transfer of employment to a new employer who recognises the employee's prior service with ▇▇▇▇▇▇; and b) the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects has rejected an offer of employment with the transmittee: • in made by another employer which the is on terms and conditions are substantially similar and no less favourableto, and, considered on an overall basis, than no less favourable than, the employee's terms and conditions applicable of employment with Kalari immediately before the termination and the new employer recognises the employee's service with ▇▇▇▇▇▇ c) The employees employment is terminated as a consequence of misconduct, performance issues, negligence, abandonment, neglect or refusal or duty, or voluntary resignation by the Employee at any time prior to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service expiry of the employee notice of redundancy. Any dispute arising under or in relation to this clause shall be dealt with the transmitteeaccording to clause 59 – Dispute Settlement Procedure - of this Agreement. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) 28.1 Where a redundancy arisesan employee is terminated for reason of redundancy, the Company NACC will provide affected employees and their representatives (if requested by an affected employee) in good timecomply, where applicable, with relevant information including:the redundancy pay provisions contained in the NES as summarised below. i. 28.1.1 Redundancy occurs where an Employer has made a definite decision that the reasons Employer no longer requires the job the Employee has been doing to be done by anyone and that decision leads to the termination of employment of the Employee, except where this is due to the ordinary and customary turnover of labour, or because of the insolvency or bankruptcy of the Employer. 28.2 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 been entitled to if the employment had been terminated, and the Employer may at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former Base rate of pay and the new Base rate of pay for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried outweeks of notice still owing. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) 28.3 An employeeEmployee, whose employment is terminated by reason of redundancy, is entitled to redundancy pay in accordance with the following amount of severance pay NES in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* ’ pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years 5years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 18 weeks' pay 28.4 Severance payments may not apply if the employer obtains acceptable alternative employment for an employee. As required under s120 of the FW Act, the employer will make an application to the FWC where it seeks to reduce the amount of severance pay * Week's pay is defined as paid to an employee. 28.5 In accordance with the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause NES, Employees are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) entitled to another employer (in this subclause called the transmittee), in any of the following circumstancesredundancy pay if: i. Where the employee accepts employment with the transmittee which recognises the period of they have less than 12 months continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; orservice; ii. Where they are employed for a specified period of time, for a specified task, or for the employee rejects duration of a specified season (e.g. a maximum term contract ending); iii. they are terminated because of serious misconduct; iv. they are employed as a casual; v. they are engaged as an offer apprentice; vi. a training arrangement applies (other than an apprenticeship) and the employment is for a specified period of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable time or for any reason limited to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service duration of the employee with the transmittee. e) Employees Exemptedtraining arrangement;

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. (1) Where the pregnancy terminates during the first 20 weeks, during the certified period/s the employee is entitled to access any paid and/or unpaid sick leave entitlements in accordance with the relevant personal leave provisions; (2) Where the pregnancy terminates after the completion of 20 weeks, during the certified period/s the employee is entitled to paid special maternity/primary care giver leave not exceeding the amount of paid maternity/primary caregiver leave available under subclause (b) and thereafter, to unpaid special maternity leave. (a) Where the Employer has made a redundancy arisesdefinite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on employees of the Employer, the Company will provide Employer shall consult with affected employees and their representatives (if requested by an affected employee) in good time, accordance with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories consultation regarding change provision of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried outthis Agreement. (b) Where a redundancy dispute arises an employee is transferred to lower paid duties for reason set out in paragraph (a) the employee shall be entitle to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and discussions occur the Employer may at the Employer’s option, make payment in accordance with this clause, lieu thereof of an amount equal to the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies difference between the former ordinary time rate of pay and measures to mitigate the adverse affects new lower ordinary time rates for the number of any proposed redundancies on the employees concernedweeks’ notice still owing. (c) An employeeIn addition to the period of notice prescribed for termination, an employee whose employment is terminated by reason of redundancy, is entitled to for reasons set out in paragraph (a) shall be paid the following amount of severance pay in respect of a period of continuous service. Years of Service: Severance pay: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* weeks pay 2 years and less than 3 years 6 weeks' weeks pay 3 years and less than 4 years 7 weeks' weeks pay 4 years and less than 5 years 8 weeks' weeks pay 5 years and less than 6 years 10 weeks' weeks pay 6 years and less than 7 years 11 weeks' 12 weeks pay 7 years and less than 8 years 13 weeks' 14 weeks pay 8 years and less than 9 years 14 weeks' 16 weeks pay 9 years and less than 10 years 16 weeks' 18 weeks pay 10 years and less than 11 years 20 weeks pay 11 years but less than 12 years 22 weeks pay 12 years but less than 13 years 24 weeks pay 13 years but less than 14 years 26 weeks pay 14 years but less than 15 years 28 weeks pay 15 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted30 weeks pay

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. (a) Where In the event that the Company makes a decision, which is likely to cause redundancy, or will cause redundancy arisesamong the employees covered by this Agreement, the Company will provide consult with the employees affected employees and their employee representatives (if requested by and will negotiate an affected employee) in good time, agreement providing redundancy entitlements to deal with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried outpotential redundancy or redundancy situation. (b) Where As part of the negotiation process, the Company will negotiate and include in the agreement the following redundancy entitlements: ▪ a scale of redundancy payments, payment of accumulated sick leave, long service leave, annual leave and leave loading and notice period payments; ▪ a level of support arrangements to assist redundant employees to obtain alternative employment. (c) If an agreement cannot be reached between the parties with respect to clause 10(b) hereof, the parties agree to refer the matter to the Australian Industrial Relations Commission for conciliation and if necessary arbitration. If the Commission is asked to arbitrate the matters in dispute, the Commission should have regard for industry redundancy standards in both manufacturing generally and standards in the building products industry in determining the matter. The Commission will be required to make a determination in respect of the quantum and form of all matters referred to in clause 10(b) on which the parties cannot agree. (d) The parties agree that they will submit to the jurisdiction of the Commission to determine the above matters. As a result such dispute arises resolution and discussions arbitration will occur pursuant to clause 13 “Avoidance and Settlement of Disputes”. (e) In the event that the Commission decides that it does not have jurisdiction to compel the company to make particular severance payments, then severance payments would be made to a redundant employee in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount scale. Period of severance pay in respect of a period of continuous service: Less than Continuous Employment Severance Pay 1 year Nil 1 year years and less than 2 years 4 weeks' pay* weeks 2 years and less than 3 years 6 weeks' pay weeks 3 years and less than 4 years 7 weeks' pay weeks 4 years and less than 5 years 8 weeks' pay weeks 5 years and less than 6 years 10 weeks' pay weeks 6 years and less than 7 years 11 weeks' pay weeks 7 years and less than 8 years 13 weeks' pay weeks 8 years and less than 9 years 14 weeks' pay weeks 9 years and less than 10 years 16 weeks' pay weeks 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted*

Appears in 1 contract

Sources: Employment Agreement

Redundancy. a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely 72.1 This clause does not apply to be affected; iii. the period over which any proposed redundancies are intended to be carried outcasual employees. b) Where a redundancy dispute arises and discussions occur in accordance with this clause72.2 Redundancy is where, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An an employee, whose 's employment is terminated at WARC's initiative, because WARC no longer requires the job done by reason the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour. 72.3 Subject to the exceptions outlined below, if WARC terminates an employee's employment because of redundancy, is in addition to the required period of notice provided in this Agreement, the employee will be entitled to a severance payment based upon the following amount of severance pay in respect of a period of the employee's continuous serviceservice with WARC, as at the time of termination. 72.4 The severance payment is to be determined from the followingtable: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 16 weeks' pay 72.5 Where there is a transfer of employment in relation to an employee, and subsection 22(5) of the Fair Work Act applies to that transfer, the employee is not entitled to any redundancy pay * Week's pay due to the termination of the employee’s employment by the Council. 72.6 An employee is defined as the base rate of not entitled to redundancy pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after relation to the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any termination of the following circumstances: i. Where the employee accepts employee’s employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where if the employee rejects an offer of employment with by another employer (the transmittee: • in which the second employer) that: (a) is on terms and conditions are substantially similar and no less favourableto, and, considered on an overall basis, than no less favourable than, the employee’s terms and conditions applicable of employment with the Council immediately before the termination, and (b) recognises the employee’s service with WARC, and (c) had the employee accepted the offer, there would have been a transfer of employment in relation to the employee, subject to any order by Fair Work Australia to pay the employee redundancy pay where it is satisfied that the employee was treated unfairly. 72.7 In this clause, "weeks’ pay" means the employee's ordinary hourly rate of pay multiplied by the employee's ordinary hours (as it relates to the employee's employment status) for a week and excludes overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses, superannuation, car allowances and any other ancillary payments, as well as the value of any WARC vehicle provided to the employee. 72.8 Where WARC has given notice of redundancy to an employee, the employee will be allowed up to one day of time off without loss of pay each week for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with WARC. 72.9 Where an employee is transferred to lower paid duties / a lower paid position by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated. 72.10 WARC may move the employee to the lower level position before the expiry of the notice period specified in clause 72.9 subject to the employee continuing to be paid at the time higher level for the entire notice period. 73.1 This Section applies if WARC: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees, or (b) proposes to introduce a change to the regular roster or ordinary hours of ceasing employment with work of employees. 73.2 For a major change referred to in clause 73(a): (a) WARC must notify the transmittor; relevant employees and • which recognises relevant union of the period decision to introduce the major change at least 28 days prior to the change taking effect or immediately following a council resolution effecting change, and (b) clauses 73.3 to 73.9 apply. 73.3 The relevant employees may appoint a representative for the purposes of continuous service which the procedures in this term. 73.4 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation, and (b) the employee had with the transmittor and any prior transmittor to be continuous service or employees advise WARC of the employee with identity of the transmitteerepresentative, WARC must recognise the representative. e) Employees Exempted73.5 As soon as practicable after making its decision, WARC must:

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arises, 14.1. Redundancy occurs if an Employee's employment is terminated at the Company will provide affected employees and their representatives (if requested Employer's initiative because the Employer no longer requires the job done by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely Employee to be affected; iii. done by anyone, except where this is due to the period over which any proposed redundancies are intended to be carried outordinary and customary turnover of labour. b) Where a redundancy dispute arises and discussions occur in accordance with this clause14.2. In addition to the relevant period of notice of termination, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason for reasons of redundancy, is entitled to redundancy must be paid the following amount of severance redundancy pay in accordance with the NES in respect of a continuous period of continuous service: Less than 1 year Nil At least 1 year and but less than 2 years 4 weeks' pay* ’ pay At least 2 years and but less than 3 years 6 weeks' pay At least 3 years and but less than 4 years 7 weeks' pay At least 4 years and but less than 5 years 8 weeks' pay At least 5 years and but less than 6 years 10 weeks' pay At least 6 years and but less than 7 years 11 weeks' pay At least 7 years and but less than 8 years 13 weeks' pay At least 8 years and but less than 9 years 14 weeks' pay At least 9 years and but less than 10 years 16 weeks' pay At least 10 years and over 12 weeks' ’ pay 14.3. The amount of redundancy pay * Week's equals the total amount payable to the Employee for the redundancy pay is defined as period using the above table at the Employee’s base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments for his or her ordinary hours of work 14.4. The entitlement to pay redundancy pay does not apply to: (a) an Employee employed for a specific period of time, for a specified task, or for the duration of a like naturespecified season; (b) an Employee whose employment is terminated because of serious misconduct; (c) a casual Employee; (d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer apprentice; or (in this subclause called the transmittore) an Employee (other than an apprentice) to another employer (in this subclause called whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the transmittee), in any duration of the following circumstances:training arrangement. i. Where 14.5. Further, redundancy pay does not apply to the employee accepts termination of an Employee’s employment with if, immediately before the transmittee which recognises time of termination, or at the time when the Employee is given notice of the termination (whichever happened first): (a) the Employee’s period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no Employer is less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exemptedtwelve

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arises, 8.1. Redundancy occurs where the Company will provide affected employees and their representatives (if requested by has made a decision that it no longer wishes the job an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely Employee has been doing to be affected; iii. done by anyone, due to the period over which any proposed redundancies are intended to be carried outoperational requirements of the business. b) Where a redundancy dispute arises and discussions occur in accordance with 8.2. In this clause, a week's pay means the Company willOrdinary Time (hourly) pay rate at the time of termination multiplied by thirty-eight (38), unless the Employee is working different hours per week (such as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate under clause 18 - Assignment Working Hours) in which case the adverse affects of any proposed redundancies on actual hours per week worked by the employees concernedEmployee under such an arrangement will form the base weekly hours for a week's pay. c) 8.3. An employee, Employee whose employment is terminated by reason of redundancy, redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* ’ pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' ’ pay 8.4. Clause 8.3 shall not apply, and severance pay * Week's pay is defined as shall therefore not be payable, where the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after transferred from the date of this award, transmitted from an employer Company (in this subclause called the transmittortransferor) to another employer Company (in this subclause called the transmitteetransferee), in any of the following circumstances: i. (a) Where the employee Employee accepts employment with the transmittee transferee which recognises the period of Employee's continuous service which prior to the employee had with the transmittor and any prior transmittor to be continuous service transfer of the employee with the transmitteebusiness; or ii. (b) Where the employee Employee rejects an offer of employment with the transmittee: • transferee in which the terms and conditions when considered overall, are substantially similar to and no less favourable, considered on an overall basis, favourable than the Employee’s terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; transferor, and • which recognises the period of Employee's continuous service which prior to the employee had transfer of business. 8.5. The following Employees are exempted from this clause: (a) Employees terminated as a consequence of “serious misconduct” that justifies dismissal without notice; (b) apprentices; (c) trainees (where an Employee is engaged on a traineeship agreement); (d) daily hire employees; (e) casual Employees; (f) those employed on a Fixed Term/Specified Task arrangement or project whose employment with the transmittor and any prior transmittor to be continuous service of Company ends at the employee with scheduled end time/period/task or at the transmitteeproject’s completion. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where An Employee’s job is considered to be redundant if the Employer has made a redundancy arisesdefinite decision that the job is no longer required and will not be done by any person due to operational requirements such as economic, the Company structural or technical changes. The Employer will provide affected employees and their representatives (if requested by an affected employee) in good time, consult with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers Employees likely to be affected; iiieffected by a redundancy situation and where possible will attempt to obtain re-employment opportunities for affected Employees. An Employee who has received notice of termination due to redundancy may terminate their employment during the period over which any proposed redundancies are intended of notice and shall be entitled to the same severance payment had they remained until the expiry of such notice. However, such Employee shall not be carried out. b) Where a entitled to payment in lieu of notice. The Company shall provide Employees with notice of redundancy dispute arises and discussions occur or pay in accordance with this clause, the Company willlieu of such notice, as early as possibleset out in Clause 8.5(i) of this Agreement. In addition to the period of notice prescribed above, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason of redundancy, is redundancy shall be entitled to the following amount of severance pay in respect of a period of continuous serviceaccordance with the following table: Less than 1 one (1) year Nil 1 One (1) year and less than 2 two (2) years 4 weeks' weeks pay* 2 Two (2) years and less than 3 three (3) years 6 weeks' weeks pay 3 Three (3) year and less than four (4) years 7 weeks pay Four (4) years and less than 4 five (5) years 7 weeks' 8 weeks pay 4 Five (5) years and less than 5 six (6) years 8 weeks' 10 weeks pay 5 Six (6) years and less than 6 seven (7) years 10 weeks' 11 weeks pay 6 Seven (7) years and less than 7 eight (8) years 11 weeks' 13 weeks pay 7 Eight (8) years and less than 8 nine (9) years 13 weeks' 14 weeks pay 8 Nine (9) years and less than 9 years 14 weeks' pay 9 years and less than 10 ten (10) years 16 weeks' weeks pay 10 Ten (10) years and over 12 weeks' weeks pay * Week's *A week’s pay is defined as 38 hours at the base Employees’ rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (as provided in this subclause called Agreement without any allowances. Provided that the transmittor) severance payments shall not exceed the amount which the Employee would have earned if employment with the Employer has proceeded to another employer (in this subclause called the transmittee), Employee’s normal retirement date. The above redundancy provisions do not apply in any of the following circumstances: i. : • Where an incoming Employer offers to continue the employment of the Employee; • Where the employee accepts Employer transfers the Employee to a related Company and ensures continuity of service; • Where employment with is terminated as a consequence of conduct that justifies instant dismissal, (including malingering, inefficiency, misconduct or neglect of duty), summary dismissal (as defined in Clause 8.7), or in the transmittee which recognises the case of casual Employees, apprentices or trainees engaged for a specific period of continuous service which the employee had with the transmittor and any prior transmittor time or for a specific task or tasks. The Company may utilise funds it has paid into a redundancy trust fund to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable meet its obligation for redundancy payments to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployees. e) Employees Exempted

Appears in 1 contract

Sources: Employee Collective Agreement

Redundancy. a) Where An employee (other than a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected casual employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number has an entitlement to notice of termination and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur pay in accordance with the provisions of Division 11 of the Act, except as varied by this clause. 34.1 When there is an inconsistency between the Act and the provisions of this Agreement, the Company willAct must prevail to the extent they are more generous. 34.2 Where the Employer has made a definite decision that they no longer wish 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, bankruptcy or any other reason stated within the Act, the Employer may: (i) Find the employee alternate employment, taking into consideration the employee’ skills, qualifications, work history, and expertise; level of remuneration, hours of work and location to workplace; or (ii) Pay the employee an amount to end their employment, as early as possiblecontained within subclause 34.3 or 34.4, consult on measures taken whichever is relevant to avert or to minimise any proposed redundancies and measures to mitigate their employment by the adverse affects of any proposed redundancies on the employees concernedEmployer. c) An employee, whose employment is terminated by reason 34.3 The severance scale for permanent employees of redundancythe Employer prior and up to the commencement of this Agreement, is entitled contained in Schedule D – Severance for Employees of the Employer prior and up to the following amount commencement of severance pay in respect this Agreement. 34.4 The Severance scale for permanent employees of a period the Employer after the commencement of continuous servicethis Agreement are as follows: Less than 12 months NIL At least 1 year Nil 1 year and but less than 2 years 4 weeks' pay* weeks At least 2 years and but less than 3 years 6 weeks' pay weeks At least 3 years and but less than 4 years 7 weeks' pay weeks At least 4 years and but less than 5 years 8 weeks' pay weeks At least 5 years and but less than 6 years 10 weeks' pay weeks At least 6 years and but less than 7 years 11 weeks' pay weeks At least 7 years and but less than 8 years 13 weeks' pay weeks At least 8 years and but less than 9 years 14 weeks' pay weeks At least 9 years and but less than 10 years 16 weeks' pay weeks At least 10 years and over 12 weeks' pay * Week's pay is defined as weeks ‘Weeks pay’ means the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after for the employee concerned at the date of this awardtermination, transmitted from and includes in addition to the Base Hourly Rate of Pay any over- agreement payments and shift and weekend penalties, if applicable. 34.5 In consideration of subclause 34.2, when the Employer has found the employee alternative employment, or is unable to pay the amount of severance required, subject to an employer application by the Employer and further order of the FWC, the Employer may pay a lesser amount (or no amount) of redundancy pay, than that contained in this subclause called 34.3 or 34.4, whichever is appropriate to the transmittor) employee’s employment. 34.6 The FWC must have regard to another employer (such financial and other resources of the Employer concerned as the FWC thinks relevant, and the probable effect upon the Employer of having to pay the relevant amount of retrenchment pay. 34.7 In addition to severance, an employee whose job is made redundant, is entitled to notice, or payment in this subclause called the transmittee)lieu of notice, in any accordance with Clause 36 Termination of Employment, of this Agreement. 34.8 If because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies, the Employer may: (i) give the employee notice of the following circumstances: i. Where transfer of at least the same length as the employee accepts employment with the transmittee which recognises the period would be entitled to under Clause 36 Termination of continuous service which Employment, and allow the employee had with to work out such notice at their higher rate of pay; or (ii) transfer the transmittor and any prior transmittor employee to be continuous service the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the Employer pays the employee in lieu of notice. If the Employer transfers an employee as mentioned in clause 34.8, the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee with (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the transmitteehours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given. 34.9 For all employees covered by this Clause, regardless of commencement date, in calculating completed years of service, the Employer must not take into account any periods of absence that are considered excluded periods under section 22 of the Act. An excluded period does not break the employee’s continuous service, but it does not count towards the length of the employee’s continuous service. 34.10 The following periods do not count as service towards service completed: (a) any period of unauthorised absence; (b) any period of unpaid leave or unpaid authorised absence, other than: (i) a period of community service leave; or (ii. ) a period of stand down under the Act, under an enterprise agreement that applies to the employee, or under the employee’s contract of employment; or (iii) a period of leave or absence of a kind prescribed by the Fair Work Regulations. (c) Notwithstanding (b) above, in the case of employees who have completed at least 10 years’ service, thereafter any period of authorised unpaid absence, not exceeding 3 months, unless otherwise agreed. (a) Where the Employer has given notice of termination to an employee rejects an offer in circumstances of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourableredundancy, considered on an overall basis, than the terms and conditions applicable to the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by Clause 36, Termination of Employment, of this Agreement, for the purpose of job-search, or seeking other employment. (b) If an employee is allowed time off without loss of pay of more than one day under sub-clause 34.11(a), the employee must, at the time request of ceasing employment with the transmittor; and • which recognises the period Employer, produce proof of continuous service which the attendance at an interview. A statutory declaration is sufficient. (c) An employee had with the transmittor and any prior transmittor who fails to produce job-search proof when required under sub-clause 34.11(b) is not entitled to be continuous service of paid for the employee with the transmitteetime off. e(d) Employees ExemptedThis job search entitlement applies in circumstances of redundancy only and instead of any other job search provision within this Agreement as provided for under Clause 36.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. The employer shall advise the Association in writing of any impending redundancy (see definition in clause 11) at least one month before it is expected to occur. The purpose of this period is to give reasonable time for the parties, including the affected employee(s), to discuss the situation, consider the options available to them and to negotiate an agreement. (a) Where Options that might be considered when a redundancy arisesexists include, the Company will provide affected employees and their representatives (if requested by an affected employee) but are not necessarily limited to: ⚫ No change or reconfirmation in good timepresent position; ⚫ Reassignment or redeployment to a new role; ⚫ Reduction in hours, with relevant information includingseverance based on loss of hours provided that no payment shall be made for a reduction in hours worked on rostered after-hours on-call duties (refer Clause 13.3); ⚫ Natural attrition; ⚫ Leave without pay; ⚫ Early retirement; ⚫ Retraining; ⚫ Termination of employment and payment of severance; ⚫ Any combination of the above. (b) To ascertain which of the above should be applied to any affected individual the following principles should apply: i. (i) Where reconfirmation (i.e. appointment to the reasons same job, with the same conditions, albeit in a reconfigured service) can occur, that option shall be adopted and no severance is payable. (ii) Severance will not be paid where the employee remains in essentially the same position but agrees to an increase in their hours or job size. (c) Severance payments will be calculated according to the following formula: ⚫ Six weeks’ base salary for any proposed redundancy; ii. the preceding 12 months of service or part service where the employee has had less than 12 months’ service; plus ⚫ Two weeks’ base salary for the preceding 12 months multiplied by the number and categories of workers likely years of service minus one, up to be affected; iii. a maximum of 19; plus ⚫ Where the period over which any proposed redundancies are intended of total aggregated service is less than 20 years, 0.333 per cent of base salary for the preceding 12 months multiplied by the number of completed months in addition to be carried out. b) Where the completed years of service; plus ⚫ For an employee who has ten or more years’ qualifying service, a redundancy dispute arises and discussions occur retiring gratuity in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedentitlement they might have under Clause 20. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted

Appears in 1 contract

Sources: Multi Employer Collective Agreement

Redundancy. 18.1 Upon commencement of this agreement, ▇▇▇▇▇ &Gray Electrical Pty Ltd will make contributions to either the Mechanical Electrical Redundancy Trust (MERT) or the Australian Construction Industry Redundancy Trust (ACIRT) on behalf of employees (other than apprentices and trainees) at the following rates; • From commencement of the agreement a rate of $30.00 per week. The Employee will be entitled to a Redundancy benefit for each week of service with the Company being the greatest of the following amounts: a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely amount to be affected; iii. the period over which any proposed redundancies are intended contributed to be carried out. b) Where a redundancy dispute arises and discussions occur MERT or ACIRT in accordance with this clauseagreement; or b) the amount contributed by the Employer to MERT or ACIRT; or c) the amount prescribed or awarded by the relevant Industrial Relations Commission. The amount of contributions paid to the MERT or ACIRT under paragraph (b) shall be set off against any entitlement under paragraph (a) or (c) . The contribution shall be paid monthly into MERT or ACIRT, in accordance with the requirements of MERT or ACIRT. MERT shall be the fund utilized under this Agreement, unless payments into MERT are to attract fringe benefits taxation liability. If MERT payments are to attract fringe benefits taxation liability, ACIRT shall be the fund utilized under this agreement. 18.2.1 The Company refers to Redundancy as a situation which centres around an employee’s position that is no longer required to be performed. 18.2.2 The following provisions will apply in cases of redundancy. 18.2.3 The Company will consult employees at the earliest opportunity of the need for retrenchment of employee(s) by reason of: • General or complete downturn in business activity • Restructuring of the business, reorganisation of work systems or staffing levels, or • Mechanisation or technological change. • Reasons specified in Clause 6.c 18.2.4 No retrenchment pay shall apply to an employee terminated for reasons other than those specified above. 18.2.5 The Company will give four weeks notice of retrenchment to affected employees that have greater than one continuous year’s service. One week’s notice shall apply for employees with less then 12 months continuous service. Payment in lieu of notice may occur at the discretion of the Company. 18.2.6 In determining the employees to be retrenched, factors to be considered shall include but not be limited to: • The skill requirements of the business • An employees current work performance • An employees level and mix of skills • Any voluntary retrenchments – considered by the company on the basis of the above criteria 18.2.7 Volunteers for redundancy / retrenchment where possible and practicable will be considered. However the Company reserves the right to accept or reject employee’s voluntary applications, giving regard to the need to retain employees on the basis of necessary skills and / or experience. 18.2.8 The Company shall consult with the employees (and where relevant their representatives) throughout this process. If agreement cannot be reached, the Company will, as early as possible, consult on measures taken shall make the final decision regarding employees to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concernedbe made redundant / retrenched after this consultative process. c) An employee18.2.9 The Company shall give the employees, whose employment is terminated by not later than the time of termination, a Certificate of Service, indicating the reason for termination as redundancy. 18.2.10 Employees who are retrenched may apply for any subsequent vacancies that may arise. Such applications will be considered on their merits along with all other candidates. 18.2.11 Employees who are re-employed within 3 months of redundancytheir termination shall be deemed not to have broken their continuity of service, is entitled to the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this awardhowever, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous absence shall not be counted as service which for the employee had with the transmittor and any prior transmittor to be continuous service purposes of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeLong Service Leave. e) Employees Exempted

Appears in 1 contract

Sources: Employee Collective Agreement

Redundancy. a7.1 Consultation and provision of information (i) Where the Company has made a redundancy arisesdefinite decision to make major changes in production, program, organisation, structure, or technology that means it no longer wishes the job the Employee has been doing to be done by anyone and this decision is not due to the ordinary and customary turnover of labour and may lead to termination of the Employee’s employment, the Company will provide shall hold discussions with the Employee(s) directly affected employees and their representatives Union (if requested by an affected employeewhere applicable). (ii) The discussions referred to in good timeclause 7.1(i) shall take place as soon as is practicable after the Company has made a definite decision, with and shall cover, among other things, any reasons for the proposed termination(s), measures to avoid or minimise the termination(s) and measures to mitigate any adverse effects of any termination(s) on the Employee(s) concerned. (iii) For the purposes of the discussion the company shall, as soon as practicable after making a decision but before any terminations, provide in writing to the employees concerned and their union, all relevant information including: i. about the proposed terminations including the reasons for any the proposed redundancy; ii. terminations, the number and categories of workers employees likely to be affected; iii. , and the number of workers normally employed and the period over which any proposed redundancies which, or the time when the terminations are intended likely to be carried out. Provided that the company shall not be required to disclose confidential information, the disclosure of which would be detrimental to the company'sinterests. b(iv) Where a redundancy dispute arises and discussions occur in accordance with this clause, If redundancies are still necessary after following the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to procedures set out above the following amount of severance pay in respect of a period of continuous service: Less than 1 year Nil redundancy payments will apply: 1 year and less than 2 years of service – 4 weeks' pay* ’ pay 2 years and less than 3 years of service – 6 weeks' pay 3 years and less than 4 years of service – 7 weeks' pay 4 years and less than 5 years of service – 8 weeks' pay 5 years and less than 6 years of service – 10 weeks' pay 6 years and less than 7 years of service – 11 weeks' pay 7 years and less than 8 years of service – 13 weeks' pay 8 years and less than 9 years of service – 14 weeks' pay 9 years and less than 10 years over service – 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exempted’ pay

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. (a) Where the Employer has made a redundancy arisesdefinite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is likely to have a significant effect on Employees of the Employer, the Company Employer will provide consult with affected employees and their representatives Employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises an Employee is transferred to lower paid duties by reason of their position being made redundant the Employee will be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and discussions occur the Employer may at the Employer’s option, make payment in accordance with this clause, lieu thereof of an amount equal to the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies difference between the former ordinary rate of pay and measures to mitigate the adverse affects new lower ordinary rate of any proposed redundancies on pay for the employees concerned.number of weeks’ notice still owing. Severance pay (c) An employeeIn addition to the period of notice prescribed for termination, an Employee whose employment is terminated by reason of redundancy, is entitled to redundancy will be paid the following amount of severance pay in respect of a period of continuous service. (i) Where the Employee is under 45 years of age, the Employer will pay the Employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* 2 years and less than 3 years 6 7 weeks' pay 3 years and less than 4 years 7 10 weeks' pay 4 years and less than 5 years 8 12 weeks' pay 5 years and less than 6 years 10 14 weeks' pay 6 years and over 16 weeks’ pay (ii) Where the Employee is 45 years of age or over, the Employer will pay the Employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 7 2 years 11 5 weeks' pay 7 pay* 2 years and less than 8 3 years 13 8.75 weeks' pay 8 3 years and less than 9 4 years 14 12.5 weeks' pay 9 4 years and less than 10 5 years 16 15 weeks' pay 10 5 years and less than 6 years 17.5 weeks' pay 6 years and over 12 20 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. e) Employees Exemptedpay

Appears in 1 contract

Sources: Nursing Employees Enterprise Agreement

Redundancy. a) Where Redundancy occurs where an employer has made a redundancy arisesdefinite 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. The Ordinary and Customary turnover of labour extends to include the entire loss of the contract held by the Employer at which the group of employees covered under this Agreement are regularly engaged. Redundancy may happen because of changing operational requirements, the Company will provide affected employees introduction of new technology, economic downturns, company mergers, take-overs or restructuring by either the Employer or under the direction of the client and their representatives (if requested by an affected employee) in good time, with relevant information including: i. Principal of the reasons for any proposed redundancy; iicontract. the number and categories of workers likely In addition to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clauseof notice prescribed for ordinary termination, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an employee whose employment is terminated by reason of redundancy, is redundancy will be entitled to the following amount of severance pay in respect of a continuous period of continuous service: Period of continuous service Severance pay Less than 1 year Nil 1 year and but less than 2 years 4 weeks' pay* ’ pay 2 years and but less than 3 years 6 weeks' pay 3 years and but less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 16 weeks' pay * Week's pay “Weeks’ pay” is defined as calculated on the base employee’s ordinary rate of pay. The employer will not be obliged to make a severance payment if suitable alternative employment is obtained for the employee, whether or not that offer of suitable alternative employment is accepted. Suitable alternate employment offers are deemed to include similar working hours and rates of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable where a business is before or after notwithstanding the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any terms of the following circumstances: i. Where offer may not be identical to the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor position that has been caused to be continuous service of the redundant This clause also does not apply where an employee with the transmittee; or iiis dismissed for serious misconduct. Where the An employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable dismissed for serious misconduct will only be entitled to the employee at payment for time worked up to the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteedismissal. e) Employees Exempted

Appears in 1 contract

Sources: Menzies Greenfield Agreement 2007

Redundancy. a) Where a redundancy arises, 27.1 Redundancy entitlements are provided for in the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried outNES. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) 27.2 An employee, whose employment is terminated by reason of redundancy, Employee is entitled to be paid redundancy pay by the Employer if the Employee's employment is terminated: (a) at the Employer's initiative because the Employer no longer requires the job done by the Employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (b) because of the insolvency or bankruptcy of the Employer. 27.3 The entitlement to redundancy pay is additional to the period of notice which the Employer is required to provide to the Employee under clause 25. 27.4 The amount of the redundancy pay equals the total amount payable to the Employee for the redundancy pay period worked out using the following amount table at the Employee's Base Rate of severance pay in respect Oay for his or her Ordinary Hours of a period of continuous servicework: Less than 1 At least 1 year Nil 1 year and but less than 2 years 4 weeks' pay* weeks 2 At least 2 years and but less than 3 years 6 weeks' pay weeks 3 At least 3 years and but less than 4 years 7 weeks' pay weeks 4 At least 4 years and but less than 5 years 8 weeks' pay weeks 5 At least 5 years and but less than 6 years 10 weeks' pay weeks 6 At least 6 years and but less than 7 years 11 weeks' pay weeks 7 At least 7 years and but less than 8 years 13 weeks' pay weeks 8 At least 8 years and but less than 9 years 14 weeks' pay weeks 9 At least 9 years and but less than 10 years 16 weeks' pay weeks 10 At least 10 years and over 12 weeks' pay * Week 27.5 This clause does not apply to the termination of an Employee’s employment, if immediately before the time of the termination, or at the time when the person was given notice of termination as described in clause 25 (whichever happened first): (a) the Employee's pay period of continuous service with the Employer is defined as less than 12 months; or (b) the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of Employer is a like naturesmall business employer. d) Transmission of Business The provisions of this 27.6 This clause are does not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) apply to another employer (in this subclause called the transmittee), in any of the following circumstancesEmployees: i. Where the employee accepts employment with the transmittee which recognises the (a) an Employee employed for a specified period of continuous service which time, for a specified task, or for the employee had with duration of a specified season; (b) an Employee whose employment is terminated because of serious misconduct; (c) a casual Employee; (d) an Employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the transmittor and any prior transmittor to be continuous service duration of the employee with the transmitteetraining arrangement; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (e) Employees Exemptedan Employee prescribed by the Fair Work Regulations 2009 as an Employee to who the redundancy provisions do not apply.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arises, 22.1 For the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories purposes of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company willredundancy means a situation where an Employee ceases to be employed by ▇▇▇▇▇▇, as early as possible, consult on measures taken to avert other than for reasons of misconduct or to minimise any proposed redundancies and measures to mitigate the adverse affects refusal of any proposed redundancies on the employees concernedduty. Redundant has a corresponding meaning. c) An employee22.2 A redundant Employee will receive redundancy/severance payments, whose employment is terminated by reason of redundancycalculated as follows, is entitled to the following amount of severance pay in respect of a period of all continuous serviceservice with Suzlon: Less than 1 year Nil 1 year and or more but less than 2 years 4 weeks' pay* weeks pay 2 years and or more but less than 3 years 6 weeks' weeks pay 3 years and or more but less than 4 years 7 weeks' weeks pay 4 years and or more but less than 5 years 8 weeks' weeks pay 5 years and or more but less than 6 years 10 weeks' weeks pay 6 years and or more but less than 7 years 11 weeks' weeks pay 7 years and or more but less than 8 years 13 weeks' weeks pay 8 years and or more but less than 9 years 14 weeks' weeks pay 9 years and or more but less than 10 years 16 weeks' weeks pay Greater than 10 years and over 12 weeks' 16 weeks pay * Week's Note: For those Employees engaged in portable redundancy at the time of entering into this agreement ▇▇▇▇▇▇ will continue to pay is defined as into these schemes for the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions duration of this clause are not applicable where Agreement, and will only be liable for any shortfall between the amount held in the scheme and the entitlement as per this Agreement. 22.3 Where a business is is, before or after the date of this awardAgreement, transmitted transferred from an employer Suzlon (in this subclause called the transmittorold employer) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor new employer) and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee Employee who at the time of ceasing such transfer was an Employee of the old employer in that business becomes an Employee of the new employer: (1) the continuity of the employment with of the transmittorEmployee will be deemed not to have been broken by reason of such transfer; and • which recognises and (2) the period of continuous service employment which the employee Employee has had with the transmittor and old employer or any prior transmittor old employer will be deemed to be continuous service of the employee Employee with the transmitteenew employer. e) Employees Exempted22.4 In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by Agreement or by operation of law. Transferred has a corresponding meaning. 22.5 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 been entitled to if the employment had been terminated and Suzlon may, at Suzlon’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) 35.1 This clause applies only to full-time and part-time Employees. 35.2 The Parties to this Agreement recognise that redundancy, when it occurs, may be both sensitive and stressful, and needs to be handled in a delicate manner. Where the Hospital believes it may be necessary to make one or more positions within the business redundant, the Hospital agrees to commence a process of ongoing consultation with the Employees. 35.3 Subject to the exceptions outlined below, if The Hospital terminates an Employee's employment because of redundancy then, in addition to the required period of notice provided in this Agreement, the affected Employee will be entitled to a redundancy arises, payment based upon the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancy; ii. the number and categories of workers likely to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clause, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a Employee’s period of continuous serviceservice with the Hospital, as at the time of termination. The particular payment is to be determined from the following table: Less than 1 year Nil 1 year 1year and less than 2 years 4 weeks' pay* pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay is defined as the base rate of pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like naturepay d) Transmission of Business The provisions of this clause are 35.4 A redundancy payment will not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), be payable in any of the following circumstances: i. Where (a) the employee accepts employment with the transmittee which recognises the Employee's period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service Hospital is less than 12 months; (b) the Eye Hospital does not employ 15 or more employees at the earlier of the employee with following times: (i) the transmitteetime the Employee is given notice of the redundancy; or (ii. Where ) immediately prior to the employee rejects Employee's employment being terminated; (c) the Employee's employment is terminated as a consequence of misconduct, performance issues, negligence, abandonment, neglect or refusal of duty, or voluntary resignation by the Employee at any time prior to the expiry of the notice of redundancy; (d) the Employee's employment is terminated due to the ordinary and customary turnover of labour including, but not limited to, circumstances in which the Hospital loses a contract, upon which the continuing employment of certain Employees with the Hospital, is reliant; (e) if the Hospital offers the Employee alternative employment or obtains an offer of alternative employment with from another employer and, in the transmittee: • opinion of the Hospital, the Employee unreasonably declines to accept that offer; (f) where the transfer of business rules under relevant legislation do not require the Hospital to provide redundancy pay; (g) the Employee is a casual Employee; (h) the Employee is a trainee or apprentice; (i) the Employee is an Employee engaged for a specified period of time or for a specified task or tasks; (j) the Employee is serving a period of probation or the minimum employment period; (k) the Employee is a seasonal Employee; and/or (l) the Employee is a daily or weekly hire Employee, whose employment is subject to seasonal factors and production workloads. 35.5 The Hospital will provide access in which the terms and conditions are substantially similar and no less favourablepaid time to consult a financial adviser to each Employee who is offered a redundancy, considered on or who expresses an overall basis, than the terms and conditions applicable interest in a redundancy. The Hospital will also provide a fully detailed statement to the employee each Employee at the time of ceasing employment with when the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmitteeEmployee is consulted regarding a redundancy. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. 32.1 Redundancy occurs when an Employer no longer requires the job done by an Employee (fulltime or part time) to be done by anyone, except where this is due to the ordinary and customary turnover of labour. The following situations, which are not exhaustive, may lead to a job becoming redundant, although not necessarily in every case: (a) Where a redundancy arises, the Company will provide affected employees and their representatives (if requested by an affected employee) in good time, with relevant information including: i. the reasons for any proposed redundancytechnological change; ii. (b) position redesign/change resulting in the number and categories requirement of workers likely to be affecteda substantially different set of skills, competencies and/or capabilities; iii. the period over which any proposed redundancies are intended to be carried out(c) process change; (d) rationalisation of existing operations; (e) organisational restructuring, including mergers and acquisitions; (f) closure of an office or plant or a section of an office or plant; (g) reduced levels of business requiring reductions in staffing levels; and (h) financial imperatives requiring downsizing of operations. b) Where a 32.2 In addition to receiving notice of termination or pay in lieu thereof under this Agreement, an Employee will be entitled to redundancy dispute arises and discussions occur pay in accordance with this clause, the Company will, as early as possible, consult following table (part time is on measures taken to avert or to minimise any proposed redundancies and measures to mitigate a pro rata basis) if the adverse affects of any proposed redundancies on the employees concerned. c) An employee, whose Employee’s employment is terminated by reason of redundancy, at the Employer’s initiative because the Employee’s job is entitled to the following amount of severance pay in respect of a period of continuous serviceredundant: Less than 1 year Nil 1 year and less than 2 years 4 weeks' pay* ’ pay 2 years and less than 3 years 6 weeks' pay 3 years and less than 4 years 7 weeks' pay 4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 17 weeks' pay * Week's pay pay 32.3 A Casual Employee is defined as not eligible for redundancy pay. 32.4 Where Employees have worked on major projects and the base rate of Employer has made contributions to Incolink, the Employer’s Incolink contributions shall offset the amount calculated in table 32.2. 32.5 An Employer shall have no obligation to provide redundancy pay in Clause 6 and such rate shall exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature d) Transmission of Business The provisions of this clause are not applicable circumstances where a business is before or after the date of this award, transmitted Employer would be excluded from an employer (in this subclause called the transmittor) obligation to another employer (in this subclause called the transmittee), in any provide redundancy pay under section 121 of the following circumstancesAct. 32.6 The Employer may make an application to the Fair Work Commission to reduce the amount of redundancy owing to an Employee (which may be down to nil) if the Employer: i. Where (a) obtains other acceptable employment for the employee accepts Employee; or (b) cannot pay the amount. 32.7 An Employee given notice of termination in circumstances of redundancy may terminate their employment with the transmittee which recognises during the period of continuous service which notice. The Employee is entitled to receive the employee benefits and payments they would have received under this clause had with they remained in employment until the transmittor and any prior transmittor to be continuous service expiry of the employee with notice, but is not entitled to payment instead of notice. 32.8 An Employee given notice of termination in circumstances of redundancy shall be allowed up to one day’s time off without loss of pay during each week of notice for the transmittee; orpurpose of seeking other employment. ii. Where 32.9 If the employee rejects an offer Employee has been allowed paid leave for more than one day during the notice period for the purpose of employment with seeking other employment, the transmittee: • in which the terms and conditions are substantially similar and no less favourableEmployee must, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service request of the employee with Employer, produce proof of attendance at an interview or they will not be entitled to payment for the transmitteetime absent. For this purpose, a statutory declaration is sufficient. This entitlement applies instead of clause 29.4. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement

Redundancy. a) Where a redundancy arisesRedundancy occurs when ▇▇▇▇▇▇ decides that it no longer requires the job done by the Employee to be done by anyone, and where this situation is not due to the ordinary and customary turnover of labour, or because of the insolvency or bankruptcy of Kalari. This may happen because of changing operational requirements, the Company will provide affected employees and their representatives (if requested by an affected employee) in good timeintroduction of new technology, with relevant information including: i. the reasons for any proposed redundancy; iieconomic downturns, company mergers, take-overs or restructuring. the number and categories of workers likely In addition to be affected; iii. the period over which any proposed redundancies are intended to be carried out. b) Where a redundancy dispute arises and discussions occur in accordance with this clauseof notice prescribed for ordinary termination, the Company will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned. c) An employee, an Employee whose employment is terminated by reason of redundancy, is redundancy will be entitled to the following amount of severance pay in respect of a continuous period of continuous service: Less than 1 year Nil 1 year and but less than 2 years 4 weeks' pay* pay 2 years and but less than 3 years 6 weeks' pay 3 years and but less than 4 years 7 weeks' pay 4 years and but less than 5 years 8 weeks' pay 5 years and but less than 6 years 10 weeks' pay 6 years and but less than 7 years 11 weeks' pay 7 years and but less than 8 years 13 weeks' pay 8 years and but less than 9 years 14 weeks' pay 9 years and less than 10 years over 16 weeks' pay 10 years and over 12 weeks' pay * Week's pay ‘Weeks’ pay’ is defined as calculated on the base Employee’s pro-rated salary rate of pay. Kalari is not liable for the payment in this clause if it obtains, or causes to be made available for the Employee, work: (a) that the Employee is competent to perform; (b) in a position that carries the same or a higher classification rate of pay in Clause 6 and such rate shall exclude: • overtimethan the Employee’s previous (c) that can reasonably be regarded as permanent; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like natureand (d) Transmission allows the Employee to reside in the same general locality as the employee’s previous residence. (i) there has been a transfer of Business The provisions of this clause are not applicable where employment to a business is before or after the date of this award, transmitted from an new employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: i. Where the employee accepts employment with the transmittee which who recognises the period Employee's prior service with Kalari [for the purposes of continuous service which NES’ Subdivision B – Redundancy Pay (ss 119-122)]; and/or (ii) the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or ii. Where the employee Employee rejects an offer of employment with the transmittee: • in which the made by another employer that: A. is on terms and conditions are substantially similar and no less favourableto, and, considered on an overall basis, than no less favourable than, the Employee's terms and conditions applicable of employment with Kalari immediately before the termination; and B. the new employer recognises the Employee's service with Kalari [for the purposes of NES’ Subdivision B – Redundancy Pay (ss 119-122)]; and (iii) had the Employee accepted the offer, there would have been a transfer of employment in relation to the employee Employee. To avoid doubt; ▇▇▇▇▇▇ will not be obliged to make a severance payment to an Employee under this clause if the Employee’s employment is terminated because of misconduct, performance issues, negligence, abandonment, neglect or refusal or duty, or voluntary resignation by the Employee at any time prior to the time of ceasing employment with the transmittor; and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service expiry of the employee notice of redundancy. Any dispute arising under or in relation to this clause shall be dealt with according to the transmitteeDispute Settlement Procedure clause of this Agreement. e) Employees Exempted

Appears in 1 contract

Sources: Enterprise Agreement