Redundancy. The company is, and will remain during the life of this Agreement, a participating employer in the Redundancy Payment Central Fund Ltd (Incolink) and all employees will be enrolled in the Fund and be entitled to redundancy benefits in accordance with the terms of the Deed. The company shall pay contributions on behalf of each employee into the Incolink Number 1 Fund on a weekly basis, as per the Trust Deed.
Redundancy. 36.1 The Employer will utilise XXXX to meet all of the liabilities for Redundancy payments and further to ensure that an amount equal to the credit balance of the Employee's account in the Employee's Redundancy fund is paid to the Employee when the Employee is entitled to that payment pursuant to the terms of the Employee's Redundancy fund.
36.2 For projects where the Total Cost of Work is $50m or greater, the Employer will contribute on behalf of each Employee the following minimum weekly amount listed below for redundancy:
1 July 2023 1 January 2024 1 January 2025 1 January 2026 1 January 2027
1 July 2023 1 January 2024 1 January 2025 1 January 2026 1 January 2027
36.3 For projects where the Total Cost of Work is less than $50m, the Employer will contribute on behalf of each Employee the following minimum weekly amount for redundancy:
1 July 2023 1 January 2024 1 January 2025 1 January 2026 1 January 2027
1 July 2023 1 January 2024 1 January 2025 1 January 2026 1 January 2027
36.4 Where an employee has worked on multiple sites during the week, the higher contributions for XXXX and BEWT outlined above will apply, provided the employee has worked any of the week on a project where the Total Cost of Work is $50m or greater.
36.5 Apprentice contributions shall be calculated using the following percentage of the trade rate: Stage 4 year Apprentice 3 year Apprentice 36.6 Contributions will continue to be paid on behalf of an Employee during any absence on paid leave such as annual leave, long service leave (including leave paid for by QLeave or NTBuild), public holidays, sick leave and bereavement leave. The Employer shall also be required to make contributions while an Employee is absent from work and is claiming Workers' Compensation for a maximum period of 12 months.
Redundancy. 21.1 Subject to the following procedure, it is agreed that it is the Employer’s prerogative to determine the order of selection of Employees for employment or retrenchment.
21.2 All relevant legislation governing unfair dismissal, discrimination etc. will be observed.
21.3 Voluntary terminations will be encouraged as a first step.
21.4 The seniority of Employees - within classifications, experience or skills held - will be observed by the Employer in selecting Employees for retrenchment.
21.5 The dispute settlement procedures set out in Part 2 will apply in the event of any concerns arising regarding retrenchments.
21.6 An Employee is entitled to access their Redundancy payments when they cease to be employed by the Employer. The amount of the Redundancy payment shall be whichever is the greater of the entitlement due under the Award as in force from time to time or the entitlement of the Employee under the Nominated Redundancy Fund trust deed (or under the constituting documents of any fund nominated by Incolink under this clause). Note that the industry-specific Redundancy scheme prescribed by the Award as in force from time to time is expressly incorporated into this Agreement (including for clarity, in respect of work falling within the scope of clause 4.2).
Redundancy. This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
Redundancy. 29.1 For the purposes of this clause, “continuous service” shall be interpreted in the same manner as “service of a worker” is interpreted in the Long Service Leave Act 1955 (NSW) as at the date this Agreement comes into operation. Periods of leave without pay, including parental leave without pay, do not break the continuity of service of an employee but are not to be taken into account in calculating length of service for the purposes of this clause.
29.2 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 anyone and this is not due to the ordinary and customary turnover of labour.
29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.2, the employer shall pay, in addition to other payments due to that employee, the following retrenchment pay in respect of the following continuous periods of service:
(a) Where the employee is under 45 years of age, the employer shall 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 7 weeks pay 3 years and less than 4 years 10 weeks pay
(b) Where the employee is 45 years of age or over, the employer shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 5 weeks pay 2 years and less than 3 years 8.75 weeks pay 3 years and less than 4 years 12.5 weeks pay 4 years and less than 5 years 15 weeks pay 5 years and less than 6 years 17.5 weeks pay 6 years and over 20 weeks pay
Redundancy. 19.1 Subject to the following procedure, it is agreed that it is the Employer’s prerogative to determine the order of selection of Employees for employment or retrenchment.
19.2 All relevant legislation governing unfair dismissal, discrimination etc. will be observed.
19.3 Voluntary terminations will be encouraged as a first step.
19.4 The seniority of Employees - within classifications, experience or skills held - will be observed by the Employer in selecting Employees for retrenchment.
19.5 The dispute settlement procedures set out in Part 2 will apply in the event of any concerns arising regarding retrenchments.
19.6 An Employee is entitled to access his/her redundancy payments when they cease to be employed by the Employer. The amount of the redundancy payment shall be whichever is the greater of the entitlement due under the Building and Construction General On-site Award 2010 as in force from time to time or the entitlement of the Employee under the Nominated Redundancy Fund trust deed (or under the constituting documents of any fund nominated by Incolink under this clause). Note that the industry-specific redundancy scheme prescribed by the Building and Construction General On-site Award 2010 as in force from time to time is expressly incorporated into this Agreement (including for clarity, in respect of work falling within the scope of clause 4.2).
Redundancy. 16.1 An employee, other than a casual, 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.
Redundancy. This clause does not apply to an Apprentice Redundancy protection
22.1.1 The employer shall enrol all employees in a Redundancy Protection Scheme.
22.1.2 The Incolink Redundancy Protection Scheme or a similar scheme providing equivalent benefits or better benefits shall be taken as agreed to by the majority of employees and the employer for the purpose of this Clause. The benefits to be provided to the employees shall be the equivalent to the benefits provided by the Incolink Redundancy Protection Scheme. From 1 March 2024, the employer will contribute $160.00 per week per employee for the Redundancy Protection Scheme.
22.1.3 The amount prescribed in Clause 22.1.2, shall be adjusted on a yearly basis. The adjustment shall be based on the CPI (All Groups, Melbourne) for the preceding period July to June in each year. The increases shall take effect from the first pay period on or after 1 October 2024, 1 October 2025, 1 October 2026 and 1 October 2027.
Redundancy. 19.1 Consultation before terminations 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, and that decision may lead to termination of employment, the Employer shall consult the Employee directly affected. The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the Employer shall, 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 and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Redundancy. The provisions of this Clause do not apply when the apprentice completes the approved training contract and cannot be placed into employment with the employer. Entitlement to redundancy pay
