Common use of Daily Hire Clause in Contracts

Daily Hire. 9.1.1 The provisions of this clause do not apply to casual employment or if the company engages15 Employees or less. 9.1.2 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 not be done by any person due to operational requirements such as economic, structural or technical changes. 9.1.3 The Company will consult with Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re- employment opportunities for affected Employees. 9.1.4 An Employee who has received notice of termination due to redundancy may terminate their employment during the period 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 entitled to payment in lieu of notice. 9.1.5 The Company shall provide Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. 9.1.6 In addition to the period of notice prescribed above, an Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 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 or more but less than 3 years 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 3 years or more but less than 4 years 7 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 or more 8 weeks pay 9.1.7 A week’s pay is defined as 38 hours at the Employees’ rate of pay as provided in this agreement without any allowances.

Daily Hire. 9.1.1 The provisions of this clause do not apply to casual employment or if the company engages15 Employees or less. 9.1.2 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 not be done by any person due to operational requirements such as economic, structural or technical changes. 9.1.3 The Company will consult with Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re- employment opportunities for affected Employees. 9.1.4 An Employee who has received notice of termination due to redundancy may terminate their employment during the period 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 entitled to payment in lieu of notice. 9.1.5 The Company shall provide Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. 9.1.6 In addition to the period of notice prescribed above, an Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 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 or more but less than 3 years 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 3 years or more but less than 4 years 7 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 or more 8 weeks pay 9.1.7 A week’s pay is defined as 38 hours at the Employees’ rate of pay as provided in this agreement without any allowances. 9.1.8 The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. 9.1.9 The Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees.

Daily Hire. 9.1.1 The provisions of this clause do not apply to casual employment or if the company engages15 Employees or less. 9.1.2 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 not be done by any person due to operational requirements such as economic, structural or technical changes. 9.1.3 The Company will consult with Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re- employment opportunities for affected Employees. 9.1.4 An Employee who has received notice of termination due to redundancy may terminate their employment during the period 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 entitled to payment in lieu of notice. 9.1.5 The Company shall provide Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. 9.1.6 In addition to the period of notice prescribed above, an Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 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 or more but less than 3 years 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 3 years or more but less than 4 years 7 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 or more 8 weeks pay 9.1.7 A week’s pay is defined as 38 hours at the Employees’ rate of pay as provided in this agreement without any allowances. 9.1.8 The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. 9.1.9 The Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees. 9.1.10 The Company shall continue to contribute $30.00 per week for each employee into the Australian Construction Industry Redundancy Trust (‘ACIRT’), until such time that the Company has complied with the notice requirements for termination set out in the ACIRT Trust Deed.

Daily Hire. (Building employees) 9.1.1 The provisions of this clause do not apply to casual employment or if the company engages15 Employees or less. 9.1.2 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 not be done by any person due to operational requirements such as economic, structural or technical changes. 9.1.3 The Company will consult with Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re- employment opportunities for affected Employees. 9.1.4 An Employee who has received notice of termination due to redundancy may terminate their employment during the period 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 entitled to payment in lieu of notice. 9.1.5 The Company shall provide Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. 9.1.6 In addition to the period of notice prescribed above, an Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years 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 or more but less than 3 years 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 3 years or more but less than 4 years 7 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 or more 8 weeks pay 9.1.7 A week’s pay is defined as 38 hours at the Employees’ rate of pay as provided in this agreement without any allowances. 9.1.8 The above Redundancy provisions do not apply in any of the following circumstances: • Where an incoming employer offers to continue the employment of the employee; • Where the Employer transfers the employee to a related company and ensures continuity of service; • Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks. 9.1.9 The Company may utilise funds it has paid into a redundancy trust fund to meet its obligation for redundancy payments to employees. 9.1.10 The Company shall continue to contribute $ . per week for each employee into the Australian Construction Industry Redundancy Trust (‘ACIRT’), until such time that the Company has complied with the notice requirements for termination set out in the ACIRT Trust Deed.

Daily Hire. 9.1.1 11.1.1 The provisions of this clause do not apply to casual employment or if the company engages15 Employees or less. 9.1.2 11.1.2 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 not be done by any person due to operational requirements such as economic, structural or technical changes. 9.1.3 11.1.3 The Company will consult with Employees likely to be effected by a redundancy situation and where possible will attempt to obtain re- employment opportunities for affected Employees. 9.1.4 11.1.4 An Employee who has received notice of termination due to redundancy may terminate their employment during the period 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 entitled to payment in lieu of notice. 9.1.5 11.1.5 The Company shall provide Employees with one (1) day’s notice of redundancy or pay in lieu of such notice. 9.1.6 11.1.6 In addition to the period of notice prescribed above, an Employee whose employment is terminated by reason of redundancy shall be entitled to severance pay in accordance with the following table: Completed Years of Service Entitlement 1 year or more but less than 2 years year 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 or more but less than 3 years 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 3 years y ears or more but less than 4 years 7 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 or more 8 weeks pay 9.1.7 11.1.7 A week’s pay is defined as 38 hours at the Employees’ rate of pay as provided in this agreement without any allowances. 11.1.8 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; (ii) Where the Employer transfers the employee to a related company and ensures continuity of service; (iii) Where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, misconduct or neglect of duty, or in the case of casual employees, apprentices or trainees engaged for a specific period of time or for a specific task or tasks.