Notice of Redundancy. 5.1. A surplus employee cannot be given notice under this clause unless he or she has: (a) been offered a voluntary retrenchment and has declined that offer; or (b) has requested a voluntary retrenchment and the Employer has refused the request. 5.2. Subject to clause 5.5, where the Employer determines that a surplus employee is unable to be placed in other suitable employment: (a) the employee is entitled to 26 weeks formal notice of redundancy; or (b) where the employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy. 5.3. In addition to notice of redundancy under clause 5.2, a surplus employee must be given four weeks’ formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated. 5.4. The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW Act. 5.5. The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination. 5.6. In accordance with clause 3.2, during the notice periods referred to in this clause the Employer and CEO will continue to make all reasonable endeavours to place the surplus employee into other suitable employment. 5.7. With the approval of the CEO, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment. 5.8. Where the CEO approves a request to terminate employment before the expiry date of the notice period, the surplus employee will be entitled to receive payment in lieu of salary, including Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 5. 5.9. A surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 than the employee would have been entitled to receive had he or she been voluntarily retrenched. 5.10. For the purpose of attending employment interviews, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 is entitled: (a) to reasonable leave with full pay; and (b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.
Appears in 2 contracts
Samples: Correctional Officer (Ntps) 2014 2017 Enterprise Agreement, Enterprise Agreement
Notice of Redundancy. 5.1. 5.1 A surplus employee cannot be given notice under this clause unless he or she has:
(a) been Been offered a voluntary retrenchment and has declined that offer; or
(b) has Has requested a voluntary retrenchment and the Employer employer has refused the request.
5.2. 5.2 Subject to clause 5.5, where the Employer employer determines that a surplus employee is unable to be placed in other suitable employment:
(a) the employee is entitled to 26 weeks formal notice of redundancy; or
(b) where the employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy.
5.3. 5.3 In addition to notice of redundancy under clause 5.2, a surplus employee must be given four weeks’ formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated.terminated.
5.4. 5.4 The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW Act.
5.5. 5.5 The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination. Example: A 50 year old employee with 4 years’ service has been given notice of redundancy. The employee will receive a total redundancy entitlement of 52 weeks, comprising 44 weeks’ notice of redundancy and the NES entitlement to 8 weeks’ redundancy pay which will be paid on termination.
5.6. 5.6 In accordance with clause 3.2, during the notice periods referred to in this clause the Employer employer and CEO will continue to make all reasonable endeavours to place the surplus employee into other suitable employment.
5.7. 5.7 With the approval of the CEO, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment.
5.8. 5.8 Where the CEO approves a request to terminate employment before the expiry date of the notice period, the surplus employee will be entitled to receive payment in lieu of salary, including Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 55.3.
5.9. 5.9 A surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 than the employee would have been entitled to receive had he or she been voluntarily retrenched.
5.10. For the purpose of attending employment interviews, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 is entitled:
(a) to reasonable leave with full pay; and
(b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.clauses
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Redundancy. 5.1. 5.1 A surplus employee cannot be given notice under this clause unless he or she has:
(a) been offered a voluntary retrenchment and has declined that offer; or
(b) has requested a voluntary retrenchment and the Employer has refused the request.
5.2. 5.2 Subject to clause 5.5, where the Employer determines that a surplus employee is unable to be placed in other suitable employment:
(a) the employee is entitled to 26 weeks formal notice of redundancy; or
(b) where the employee has 20 or more years’ years service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy.
5.3. 5.3 In addition to notice of redundancy under clause 5.2, a surplus employee must be given four weeks’ formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated.
5.4. 5.4 The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW Act.
5.5. 5.5 The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination.
5.6. 5.6 In accordance with clause 3.2, during the notice periods referred to in this clause the Employer and CEO will continue to make all reasonable endeavours to place the surplus employee into other suitable employment.
5.7. 5.7 With the approval of the CEO, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment.
5.8. 5.8 Where the CEO approves a request to terminate employment before the expiry date of the notice period, the surplus employee will be entitled to receive payment in lieu of salary, including Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 55.3.
5.9. 5.9 A surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 than the employee would have been entitled to receive had he or she been voluntarily retrenched.
5.10. 5.10 For the purpose of attending employment interviews, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 is entitled:
(a) to reasonable leave with full pay; and
(b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Redundancy. 5.1. 5.1 A surplus employee cannot be given notice under this clause unless he or she has:
(a) been offered a voluntary retrenchment and has declined that offer; or
(b) has requested a voluntary retrenchment and the Employer employer has refused the request.
5.2. 5.2 Subject to clause 5.5, where the Employer employer determines that a surplus employee is unable to be placed in other suitable employment:
(a) the employee is entitled to 26 weeks formal notice of redundancy; or
(b) where the employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy.
5.3. 5.3 In addition to notice of redundancy under clause 5.2, a surplus employee must be given four weeks’ formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated.terminated.
5.4. 5.4 The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW Act.
5.5. 5.5 The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination. Example: A 50 year old employee with 4 years’ service has been given notice of redundancy. The employee will receive a total redundancy entitlement of 52 weeks, comprising 44 weeks’ notice of redundancy and the NES entitlement to 8 weeks’ redundancy pay which will be paid on termination.
5.6. 5.6 In accordance with clause 3.2, during the notice periods referred to in this clause the Employer employer and CEO will continue to make all reasonable endeavours to place the surplus employee into other suitable employment.
5.7. 5.7 With the approval of the CEO, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment.
5.8. 5.8 Where the CEO approves a request to terminate employment before the expiry date of the notice period, the surplus employee will be entitled to receive payment in lieu of salary, including Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 55.3.
5.9. 5.9 A surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 than the employee would have been entitled to receive had he or she been voluntarily retrenched.
5.10. For the purpose of attending employment interviews, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 is entitled:
(a) to reasonable leave with full pay; and
(b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.clauses
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Redundancy. 5.1. 4.1 A potentially surplus employee cannot be given notice under this clause unless he or she has:
(a) been offered a voluntary retrenchment and has declined that offer; or
(b) has requested a voluntary retrenchment and the Employer has refused the request.
5.2. Subject to clause 5.5, where 4.2 Where the Employer determines that a potentially surplus employee is unable to be placed in other suitable employment:
(a) the employee Employee is entitled to 26 weeks weeks’ formal notice of redundancy; or
(b) where the employee Employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 52 weeks weeks’ formal notice of redundancy.
5.3. 4.3 In addition to notice of redundancy under clause 5.2redundancy, a potentially surplus employee must be given four weeks’ weeks formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated.
5.4. 4.4 The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW ActFair Work Act 2009 (Cth).
5.5. 4.5 The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Fair Work Act 2009 (Cth) and will be paid on termination.
5.6. In accordance with clause 3.2, during 4.6 During the notice periods referred to in this clause the Employer employer and CEO will continue to make all reasonable endeavours to place the potentially surplus employee into other suitable employment.
5.7. 4.7 With the approval of the CEO, a potentially surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment.
5.8. 4.8 Where the CEO approves a request to terminate employment before the expiry date of the notice period, the potentially surplus employee will be entitled to receive payment in lieu of salary, including including, Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 5periods.
5.9. 4.9 A potentially surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 4.8 than the employee Employee would have been entitled to receive had he or she been voluntarily retrenched.
5.10. 4.10 For the purpose of attending employment interviews, a potentially surplus employee who has received notice in accordance with clauses 5.2 4.2 or 5.3 4.3 is entitled:
(a) to reasonable leave with full pay; and
(b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.
Appears in 1 contract
Samples: Enterprise Agreement
Notice of Redundancy. 5.1. 5.1 A surplus employee cannot be given notice under this clause unless he or she has:
(a) been Been offered a voluntary retrenchment and has declined that offer; or
(b) has Has requested a voluntary retrenchment and the Employer employer has refused the request.
5.2. 5.2 Subject to clause 5.5, where the Employer employer determines that a surplus employee is unable to be placed in other suitable employment:
(a) the employee is entitled to 26 weeks formal notice of redundancy; or
(b) where the employee has 20 or more years’ service or is over the age of 45 years, the employee is entitled to 52 weeks formal notice of redundancy.
5.3. 5.3 In addition to notice of redundancy under clause 5.2, a surplus employee must be given four weeks’ formal notice (or five weeks if the employee is over 45 years) where the relevant period of notice under clause 5.2 has expired and the employee cannot be placed in other suitable employment and will be terminated.
5.4. 5.4 The period of notice under clause 5.3 constitutes notice for the purposes of section 117 of the FW Act.
5.5. 5.5 The period of notice under clause 5.2 will be offset by the number of weeks of redundancy pay to which the surplus employee is entitled under section 119 of the FW Act and will be paid on termination. Example: A 50 year old employee with 4 years’ service has been given notice of redundancy. The employee will receive a total redundancy entitlement of 52 weeks, comprising 44 weeks’ notice of redundancy and the NES entitlement to 8 weeks’ redundancy pay which will be paid on termination.
5.6. 5.6 In accordance with clause 3.2, during the notice periods referred to in this clause the Employer employer and CEO will continue to make all reasonable endeavours to place the surplus employee into other suitable employment.
5.7. 5.7 With the approval of the CEO, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 may request that the termination occur before the expiry date of the notice period. The date requested then becomes the date of termination of employment.
5.8. 5.8 Where the CEO approves a request to terminate employment before the expiry date of the notice period, the surplus employee will be entitled to receive payment in lieu of salary, including Northern Territory Allowance where applicable, for the unexpired portion of the notice periods set out in clauses 5.2 and 55.3.
5.9. 5.9 A surplus employee who has declined an offer of voluntary retrenchment prior to clauses 5.2 and 5.3 being invoked, is not entitled to receive a greater payment under clause 5.8 than the employee would have been entitled to receive had he or she been voluntarily retrenched.
5.10. For the purpose of attending employment interviews, a surplus employee who has received notice in accordance with clauses 5.2 or 5.3 is entitled:
(a) to reasonable leave with full pay; and
(b) to reasonable travelling and incidental expenses necessary to attend an interview where those expenses are not met by the prospective employer.clauses
Appears in 1 contract
Samples: Enterprise Agreement