SEVERANCE/REDUNDANCY Clause Samples

SEVERANCE/REDUNDANCY. 16.1 The Company is, and will remain during the life of this Agreement, a member of the Redundancy Payment Approved Workers Entitlement Fund 2 (“Incolink Number 2 Fund”) of which Redundancy Payment Central Fund Ltd (“Incolink”) is trustee, and all the employees of the Company within the scope of this Agreement will be enrolled in the Incolink Number 2 Fund and be entitled to redundancy benefits in accordance with the terms of the Trust Deed. 16.2 The Company shall pay contributions to the Incolink Number 2 Fund on behalf of each employee on a weekly basis in accordance with the Trust Deed. If Incolink nominates any other fund, the Company shall pay contributions to that fund on behalf of each employee on a weekly basis and in accordance with the constituting documents of that other fund, subject to the maximum payments specified in this agreement. 16.3 The liability of the Company to pay redundancy payments to an employee under this clause will be met by the making of the contributions on behalf of each employee required as a member of the Incolink Number 2 Fund, or by another fund nominated by Incolink under clause 13.4 hereof. 16.4 References in this clause to “Incolink Number 2 Fund” include a reference to another fund for comparable purposes nominated by Incolink for the purpose of this Agreement as a fund, which supersedes the Incolink Number 2 Fund. 16.5 Employees working less than 36 hours per week shall receive Incolink payments on a pro rata basis The Company will pay an amount equivalent to the prevailing Superannuation Guarantee ▇▇▇▇ into one of the following approved funds: ❖ C Bus ❖ Vic Super ❖ Australian Super For the purpose of this clause, ordinary time earnings shall be as defined in the Australian Taxation Office Ruling 94/4 or subsequent Australian Taxation Office Rulings.

SEVERANCE/REDUNDANCY. 9.1. All Employees shall accrue two hours pay of the rate shown in Subclause 4.3 per week redundancy/severance entitlement for each completed week of service at the Worsley Alumina Site subject to; (a) Employees with less than 12 months continuous service at the Worsley Alumina Site with The Employer shall be entitled to this payment only if their employment ceases due to redundancy. (b) Employees with more than 12 months continuous service at the Worsley Alumina Site with The Employer shall be entitled be paid this payment where their employment ceases due to redundancy or any reason other than serious misconduct.

SEVERANCE/REDUNDANCY. 12.1 Each Employee covered by this Agreement shall accrue severance pay allowance of $80 per week of service with the Company, and this is to be paid into the Protect Severance/Redundancy fund on a monthly basis. Severance accruals/payments shall be made during any period of annual leave, RDO's, sick/personal leave, jury/community service leave, family/domestic violence leave. No accrual shall occur on any unpaid leave, other than abovementioned, or un-authorised leave, 12.2 The provisions of this clause shall not apply to Casual Employees or service as an apprentice. 12.3 In the event of a redundancy, a permanent Employee's entitlement to severance/redundancy pay under the NES payable by the Company, shall be reduced by the amount the Company has contributed to the Protect severance/redundancy fund on his/her behalf. 12.4 The amount of redundancy pays provided for in the NES is set out in the following table: Period of continuous service Redundancy pay 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 7weeks At least 4 years but less than 5 years 8weeks At least 5 years but less than 6 years l0weeks 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 14weeks At least 9 years but less than 10 years 16 weeks At least 10 years 12 weeks

SEVERANCE/REDUNDANCY. (a ) Where the Company has made a definite decision to introduce major changes in work organisation or technology into the workplace of the Employees covered by this Agreement that are likely to result in termination of employment, major change in the operation, restructuring of jobs, the Employer shall notify Employees and their representative. .

SEVERANCE/REDUNDANCY. (1) The following redundancy clause is a specific industry redundancy scheme and, as such, the NES does not apply to the Company and the Employees covered by this Agreement. Clause 41 of the Award is incorporated by reference. (2) The amounts listed in this clause are in substitution for (and not in addition to) the amounts listed in clause 41.3 of the Award. (3) An Employee who ceases employment on the Project for any reason other than termination due to misconduct shall be paid, to an Approved Fund, a severance payment of $250 for each Completed Week of Service under this Agreement. (4) For the purpose of this clause: (a) A Week of Completed Service means any week where the Employee attends work for all Project Working Hours in that week. Further, a Week of Completed Service shall include time not worked due to annual leave, paid personal leave (including sick and carer’s leave), compassionate leave, jury service, R&R leave days, public holidays, RDO’s, worker’s compensation (up to a maximum of two (2) weeks) and approved unpaid leave taken in conjunction with R&R leave. (b) An Approved Fund means: (i) Protect for Employees who fall under electrical or plumbing classifications and associated trade assistants with those classifications; or (ii) Reddifund Ltd for Employees who fall under all other classifications. (5) Any period of service as a casual shall not entitle the Employee to accrue severance under this clause. (6) A Completed Week of Service means any week where the Employee attends for all Project Working Hours in that week. (7) For the purpose of this clause, a Completed Week of Service shall include time not worked due to annual leave, paid personal leave days, public holidays, RDOs, workers compensation to a maximum of two (2) weeks, and approved unpaid leave taken conjunction with the R&R leave.

SEVERANCE/REDUNDANCY. 12.1. Each Employee covered by this Agreement shall accrue severance pay allowance of $75.00 per week of service with the Company, and this is to be paid into the Protect Severance/Redundancy fund on a monthly basis. Severance accruals/payments shall be made during any period of annual leave, RDO’s, sick/personal leave, jury/community service leave, family/domestic violence leave. No accrual shall occur on any unpaid leave, other than abovementioned, or un-authorised leave. 12.2. The provisions of this clause shall not apply to Casual Employees or service as an apprentice. 12.3. In the event of a redundancy, a permanent Employee's entitlement to severance/redundancy pay under the NES payable by the Company, shall be reduced by the amount the Company has contributed to the Protect severance/redundancy fund on his/her behalf. 12.4. The amount of redundancy pay provided for in the NES is set out in the following table: Period of continuous service Redundancy pay

SEVERANCE/REDUNDANCY a. The Company and its employees recognise that the Company provides service to various asset managers and operators under competitively tendered contracts and as such is not in control of work programs. The Parties therefore agree that during periods of no work, the following process will be followed: ● Alternative work will be provided by the Company where available. ● Where no alternative work is available, consultation between the Parties will occur to seek agreement on possible solutions, including the taking of annual leave. ● In the absence of the above options the redundancy provisions will apply. b. In circumstances where a position becomes redundant, the Company shall make decisions on the employee{s) to be affected by that redundancy on the basis of the relative skills of employees and the need for the business to retain those who are the most skilled and most valuable to the business. c. In circumstances where the position that is to be made redundant is one performed by a number of employees, the Company will call for volunteers in the first instance but reserves the right to accept or not accept any voluntary nomination for retrenchment based on business needs. d. Where Employees‘ termination is by retrenchment due to their position becoming redundant, they shall, in addition to the period of notice specified in Clause 22 above, be entitled to a severance payment as follows:

SEVERANCE/REDUNDANCY. (a) Payments will be made in accordance with the following scale: Less than 1 year ▇▇▇ ▇▇▇ 1 year and less than 2 years 4 5 2 years and less than 3 years 7 8.75 3 years and less than 4 years 10 12.5 4 years and less than 5 years 12 15 5 years and less than 6 years 14 17.5 6 years and less than 7 years 16 20 (b) An Employee with seven (7) or more years service will receive, in addition to the above payments, two and a half (2½) weeks pay for each completed year of service over the seventh (7th) year; provided that the maximum amount of any payments made in accordance with this clause will be capped at fifty two (52) weeks (this includes weeks paid for the notice period) when notice is paid in lieu. (c) If the Company is part of a group of companies with sections other than brick making, Employees may be offered work in any of those sections situated in the Metropolitan area. An Employee accepting such a position will complete three months as a trial period to ascertain whether the work is suitable. (i) If the position is not suitable, and the Employee leaves or is terminated during the trial period, the Employee will be entitled to the payments set out in sub-clause (d) above. (ii) This provision will not apply where Employees are transferred to work or shifts due to the Company altering its production program. (iii) Where the Company offers to transfer an Employee to a like position at another of its brick making Plants in the Metropolitan area, and the Employee declines the transfer, then the employee will not be entitled to any of the payments set out in this clause.