Common use of For Metal Industry Employees AND Engine Drivers and Firemen Industry Employees Clause in Contracts

For Metal Industry Employees AND Engine Drivers and Firemen Industry Employees. (a) For the purpose of this clause service shall be deemed to be continuous notwithstanding: • any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; • any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or • any absence with reasonable cause proof whereof shall be upon the employee. (b) In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this clause shall inform the employer, in writing if practicable, within 24 hours of the commencement of such absence of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of their absence. A notification given by an employee pursuant to clause 49.3.2 of this Agreement shall be accepted as a notification under this clause. (c) Any absence from work by reason of any cause not being a cause specified in this clause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. (d) In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to each union whose members have participated in such concerted or collective absenteeism a copy of it not later than the day it is posted up in the plant. (e) A notice to an individual employee may be given by delivering it to them personally or by posting it to their last recorded address, in which case it shall be deemed to have reached them in due course of post. (f) For Metal Industry Employees in calculating the period of twelve months continuous service any such absence as aforesaid shall not except to the extent of not more than 152 working hours in a twelve-monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months continuous service. Provided that for the purposes of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months service. (g) For Engine Drivers and Firemen Industry Employees subclause 47.14.1(vi) is replaced by the following: • In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked: − up to 152 ordinary working hours in a twelve monthly period in case of sickness or accident; − long service leave taken by an employee in accordance with the relevant long service leave award or act, as the case may be. • Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service. • Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary hours for twelve months service.

For Metal Industry Employees AND Engine Drivers and Firemen Industry Employees. (a) For the purpose of this clause service shall be deemed to be continuous notwithstanding: • any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence; • any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or • any absence with reasonable cause proof whereof shall be upon the employee.: (b) In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this clause shall inform the employer, in writing if practicable, within 24 hours of the commencement of such absence of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of their absence. A notification given by an employee pursuant to clause 49.3.2 of this Agreement shall be accepted as a notification under this clause., (c) Any absence from work by reason of any cause not being a cause specified in this clause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service. (d) In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to each union whose members have participated in such concerted or collective absenteeism a copy of it not later than the day it is posted up in the plant. (e) A notice to an individual employee may be given by delivering it to them personally or by posting it to their last recorded address, in which case it shall be deemed to have reached them in due course of post. (f) For Metal Industry Employees in calculating the period of twelve months continuous service any such absence as aforesaid shall not except to the extent of not more than 152 working hours in a twelve-twelve- monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months continuous service. Provided that for the purposes of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months service. (g) For Engine Drivers and Firemen Industry Employees subclause 47.14.1(vi) is replaced by the following: • In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked: − up to 152 ordinary working hours in a twelve monthly period in case of sickness or accident; − long service leave taken by an employee in accordance with the relevant long service leave award or act, as the case may be. • Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service. • Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary hours for twelve months service.