Common use of Redundancy Clause in Contracts

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

Appears in 11 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Redundancy. 29.1 41.1 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 41.2 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 41.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.441.6, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.241.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over- agreement payments and the following, if applicable: • shift and weekend penalties as prescribed in Clauses 25 and Clause 26; • broken shift allowance as prescribed in clause 20; • sleepover allowance as prescribed in clause 29.4; and, • climatic and isolation allowances as prescribed in clause 29.9.

Appears in 5 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer no longer wishes change is likely to have a significant effect on employees of the job Employer, the employee has been doing Employer shall consult with affected employees in accordance with the consultation regarding change provision of this Agreement. Transfer to be done by anyone and this is not due to the ordinary and customary turnover of labour.lower paid duties 29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4, where the employment of (b) Where an employee is transferred to be terminated lower paid duties for the reason reasons set out in sub-clause 29.2paragraph (a) the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the employer shall Employer may at the Employer‘s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks‘ notice still owing. Severance pay, in (c) In addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (a) shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods of service:. (ai) 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 weeks' pay* 2 years and less than 3 years 7 weeks weeks' pay 3 years and less than 4 years 10 weeks weeks' pay 4 years and less than 5 years 12 weeks' pay 5 years and less than 6 years 14 weeks' pay 6 years and over 16 weeks‘ pay (bii) 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 weeks' pay* 2 years and less than 3 years 8.75 weeks weeks' pay 3 years and less than 4 years 12.5 weeks weeks' pay 4 years and less than 5 years 15 weeks weeks' pay 5 years and less than 6 years 17.5 weeks weeks' pay 6 years and over 20 weeks weeks' pay Definitions (d) Week‘s pay" means the ordinary time rate of pay for the employee concerned at the date of termination and shall include in addition to the ordinary pay any shift allowances and/ or weekend penalties. Employee Leaving During Notice Period (e) An employee whose employment is terminated for reasons set out in paragraph (a) may terminate her/his employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had she/he remained with the employer until the expiry of such notice. Provided in such circumstances the employee shall not be entitled to payment in lieu of notice. Alternative Employment (f) Where the Employer offers the Employee acceptable alternative employment and the employee refuses such an offer, no severance payment is payable, subject to an order of FWA. Time off Period of Notice (g) During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. (h) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, produce proof of attendance at an interview or she/he shall not receive payment for the time absent. (i) For this purpose a statutory declaration will be sufficient. Employees with Less Than One Year's Continuous Service (j) This clause does not apply to employees with less than one year's continuous service. Employees Exempted (k) This clause shall not apply where employment has been terminated because the conduct of an employee justifies instant dismissal or in the case of casual employees, or employees engaged for a specific period of time or for a specified task or tasks.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 32.1 For the purposes of this clause, “continuous service” ―continuous service‖ shall be interpreted in the same manner as “service ―service of a worker” 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 32.2 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 32.3 Unless the AIRC FWA subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 32.1 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: (i) shift and weekend penalties as prescribed in clause 18 - Shift and Weekend Work; (ii) broken shift allowance as prescribed in clause 14.5 - Broken Shifts; (iii) sleepover allowance as prescribed in clause 20.4 - Sleepovers; (iv) climatic and isolation allowances as prescribed in clause 20.9 - Climatic and Isolation Allowance. 32.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub-clause

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Redundancy. 29.1 33.1 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 33.2 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 33.3 Unless the AIRC FWA subsequently orders otherwise pursuant to sub-clause 29.431.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.231.2, 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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 (NSWa) 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 A position becomes redundant when the employer has made a definite decision decides that it is surplus to requirements (i.e. the employer no longer wishes does not require the job the employee has been doing to be done by the employee occupying the position or by anyone else and this is not due to the ordinary and customary turnover of labour). 29.3 Unless the AIRC subsequently orders otherwise pursuant (b) The employer will endeavour to sub-clause 29.4find suitable alternative employment for any employees whose positions become redundant. (c) Where an employer has given notice of retrenchment to an employee, an employee will be allowed up to one day's time off with pay during each week of notice to seek other employment, provided that, where more than one day's time off is allowed during the employment of an employee is to be terminated for the reason set out in sub-clause 29.2notice period, the employer shall may require the employee to provide satisfactory evidence of attendance at a job interview to qualify for payment for time off in excess of one day. (d) Permanent full time staff aged 45 years or more at the time of being made redundant, and have completed greater than twelve (12) month continuous service with BCS Infrastructure Support Pty Ltd are entitled to an additional two (2) weeks pay above entitlement. (e) Where no suitable alternative employment is available, an employee may be retrenched with the following minimum amount of severance pay (calculated at the ordinary time rate of pay, ) in addition to other payments due to that employee, the following retrenchment period of notice specified in Clause 26: Period of continuous service Severance 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and over 20 weeks less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Redundancy. 29.1 32.1 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-sub- clause 29.232.2, 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 For In the purposes of this clause, “continuous service” shall be interpreted in event that the same manner as “service of a worker” employee's position is interpreted in the Long Service Leave Act 1955 made redundant: (NSWa) 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 A position becomes redundant when the employer has made a definite decision decides that it is surplus to requirements (i.e. the employer no longer wishes does not require the job the employee has been doing to be done by the employee occupying the position or by anyone else and this is not due to the ordinary and customary turnover of labour). 29.3 Unless the AIRC subsequently orders otherwise pursuant (b) The employer will endeavour to sub-clause 29.4find suitable alternative employment for any employees whose positions become redundant. (c) Where an employer has given notice of retrenchment to an employee, an employee will be allowed up to one day's time off with pay during each week of notice to seek other employment, provided that, where more than one day's time off is allowed during the employment of an employee is to be terminated for the reason set out in sub-clause 29.2notice period, the employer shall paymay require the employee to provide satisfactory evidence of attendance at a job interview to qualify for payment for time off in excess of one day. (d) Where no suitable alternative employment is available, an employee may be retrenched with the following minimum amount of severance pay in addition to other payments due to that employee, the following retrenchment period of notice specified in Clause 23: Period of continuous service Severance 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 20 weeks 16 weeks' pay

Appears in 2 contracts

Samples: Egans (Personnel) Pty LTD Queensland Agreement, Coal Connect Agreement

Redundancy. 29.1 41.1 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 41.2 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 41.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.441.6, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.241.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: • shift and weekend penalties as prescribed in Clauses 25 and Clause 26; • broken shift allowance as prescribed in clause 20; • sleepover allowance as prescribed in clause 29.4; and, • climatic and isolation allowances as prescribed in clause 29.9.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 ‌ 32.1 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 32.2 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 32.3 Unless the AIRC FWA subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 32.1 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: (i) shift and weekend penalties as prescribed in clause 18 - Shift and Weekend Work; (ii) broken shift allowance as prescribed in clause 14.5 - Broken Shifts; (iii) sleepover allowance as prescribed in clause 20.4 - Sleepovers; (iv) climatic and isolation allowances as prescribed in clause 20.9 - Climatic and Isolation Allowance. 32.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub- clause 32.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Redundancy. 29.1 32.1 For the purposes of this clause, “continuous service” ―continuous service‖ shall be interpreted in the same manner as “service ―service of a worker” 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-sub- clause 29.232.2, 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 34.1 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 34.2 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 34.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: Shift and weekend penalties as prescribed in clause 17 - Shift and 18 - Weekend Work. 34.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub- clause 34.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 34.1 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 34.2 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 34.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: Shift and weekend penalties as prescribed in clauses 17 - Shift and 18 - Weekend Work. 34.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub-clause 34.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer change is likely to have a significant effect on employees of the Employer, the Employer shall consult with affected employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (b) Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the Employer may, at the Employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing. Severance pay (c) An employee is entitled to be paid redundancy pay by the Employer if the employee’s employment is terminated at the Employer’s initiative because the Employer no longer wishes requires the employee’s job the employee has been doing to be done by anyone and anyone. In 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 payscenario, in addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated shall be paid the following retrenchment amount of severance pay in respect of the following a period of 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 20 weeks pay16 weeks' pay Definitions

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (i) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer no longer wishes change is likely to have a significant effect on employees of the job Employer, the employee has been doing Employer shall consult with affected employees in accordance with the consultation regarding change provision of this Agreement. Transfer to be done by anyone and this is not due to the ordinary and customary turnover of labour.lower paid duties 29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4, where the employment of (ii) Where an employee is transferred to be terminated lower paid duties for the reason reasons set out in sub-clause 29.2paragraph (i) the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the employer shall Employer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks’ notice still owing. Severance pay, in (iii) In addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (i) shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods of service:. (a) Where the If an employee is under 45 years of age, the employer shall pay the employee in accordance with the following scale: Years of Service Entitlement - Under 45 years of age 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 pay4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks (b) Where the an employee is 45 years of age or over, the employer entitlement shall pay the employee be in accordance with the following scale: Years of Service Entitlement —45 years of age and over 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 payDefinitions

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 36.1 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 36.2 Redundancy occurs where the employer management has made a definite decision that the employer Xxxxxxxxxx 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 36.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.436.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.236.2, the employer that Xxxxxxxxxx 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 Xxxxxxxxxx shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 weeks’ pay (b) Where the employee is 45 years of age or over, the employer Xxxxxxxxxx shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer change is likely to have a significant effect on employees of the Employer, the Employer shall consult with affected employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (b) Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the Employer may, at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary pay and the new lower ordinary pay for the number of weeks’ notice still owing. Severance pay (c) In addition to the period of notice prescribed for termination, an employee whose employment is terminated because the Employer no longer wishes requires 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 shall 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, paid the following retrenchment amount of severance pay in respect of the following a period of 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 20 weeks pay12 weeks' pay Definitions

Appears in 1 contract

Samples: Enterprise Agreement

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 (NSWa) 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 Where the employer has made a definite decision that the employer it no longer wishes requires the job the employee that an 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 29.2anyone, the employer shall consult with the affected Employees in accordance with clause 8, 'Consultation Regarding Change Transfer to lower paid duties (b) Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former base rate of pay and the base rate of pay for the number of weeks of notice still owing. Severance pay, in (c) In addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (a) shall be paid the following retrenchment amount of severance pay in respect of the following a period of 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 20 weeks pay16 weeks' pay Definitions

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (i) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer no longer wishes change is likely to have a significant effect on Nurse Caregivers of the job Employer, the employee has been doing to be done by anyone and Employer shall consult with affected Nurse Caregivers in accordance with the consultation regarding change provision of this is not due to the ordinary and customary turnover of labourAgreement. 29.3 Unless the AIRC subsequently orders otherwise pursuant (ii) Where a Nurse Caregiver is transferred to sub-clause 29.4, where the employment of an employee is to be terminated lower paid duties for the reason set out in sub-clause 29.2paragraph (i) the Nurse Caregiver shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the employer shall payEmployer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks’ notice still owing. (iii) In addition to other payments due to that employeethe period of notice prescribed for termination, a Nurse Caregiver whose employment is terminated for reasons set out in paragraph (i) shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods service. Years of service: (a) Where the employee is under 45 years of age, the employer shall pay the employee in accordance with the following scale: Service Severance Pay Less than 1 year Nil 1 year and less than 2 years 4 weeks pay 2 years and less than 3 years 7 6 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 7 weeks pay 4 years and less than 5 years 15 8 weeks pay 5 years and less than 6 years 17.5 10 weeks pay 6 years and over less than 7 years 12 weeks pay 7 years and less than 8 years 14 weeks pay 8 years and less than 9 years 16 weeks pay 9 years and less than 10 years 18 weeks pay 10 years and less than 11 years 20 weeks pay 11 years but less than 12 years 22 weeks pay 12 years but less than 13 years 24 weeks pay 13 years but less than 14 years 26 weeks pay 14 years but less than 15 years 28 weeks pay Definitions 15 years and over 30 weeks pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise, and the employer no longer wishes change is likely to have a significant effect on Employees of the job Employer, the employee has been doing Employer shall consult with affected Employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (b) Where an Employee is transferred to lower paid duties by reason of redundancy the Employee shall be done by anyone and this is not due entitled to the ordinary same period of notice of transfer as they would be entitled to if their employment had been terminated, and customary turnover of labour. 29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4Employer may at the Employer’s option, where the employment make payment in lieu thereof of an employee is amount equal to be terminated the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the reason set out in sub-clause 29.2, the employer shall number of weeks’ notice still owing. Severance pay, in (c) In addition to other payments due to that employeethe period of notice prescribed for termination, an Employee whose employment is terminated by reason of redundancy shall be paid the following retrenchment amount of severance pay in respect of the following a period of 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 20 weeks pay16 weeks' pay Definitions

Appears in 1 contract

Samples: Health Professionals Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that the employer it no longer wishes requires the job the employee that an Employee has been doing to be done by anyone anyone, and this such decision is not due to the ordinary and customary turnover of labour.labour or the insolvency or bankruptcy of the Employer, the Employer shall consult with affected Employees in accordance with the consultation regarding change provision (clause 8) of this Agreement. Transfer to lower paid duties 29.3 Unless (b) Where an Employee is transferred to lower paid duties by reason of redundancy, the AIRC subsequently orders otherwise pursuant Employee shall be entitled to sub-clause 29.4the same period of notice of transfer as they would be entitled to if their employment had been terminated, where and the employment Employer may at the Employer’s option, make payment in lieu thereof of an employee is amount equal to be terminated the difference between the former ordinary rate of pay and the new lower ordinary rate of pay for the reason set out in sub-clause 29.2, the employer shall number of weeks of notice still owing. Severance pay, in (c) In addition to other payments due to that employeethe period of notice prescribed for termination, an Employee whose employment is terminated by reason of redundancy shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods service. Period of service: (a) Where the employee is under 45 years of age, the employer shall continuous service Severance 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 less than 7 years 7 years and less than 8 years 8 years and less than 9 years 9 years and over 20 weeks pay4 weeks' pay 6 weeks' pay 7 weeks' pay 8 weeks' pay 10 weeks' pay 11 weeks' pay 13 weeks' pay 14 weeks' pay 16 weeks' pay Definitions

Appears in 1 contract

Samples: Enterprise Agreement

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Redundancy. 29.1 52.1 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 52.2 Redundancy occurs where the employer has made a definite decision that the employer 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 52.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.452.3, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.252.2, 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 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 weeks pay. (b) Where the employee is 45 years of age or over, the employer 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

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 34.1 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 34.2 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 34.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.434.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.234.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: (i) shift and weekend penalties as prescribed in clause 19 - Shift and Weekend Work; (ii) broken shift allowance as prescribed in clause 15.4 - Broken Shifts; (iii) sleepover allowance as prescribed in clause 21.4 – Sleepover Allowance; 34.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub-clause

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 37.1 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 37.2 Redundancy occurs where the employer management has made a definite decision that the employer PSVCAC 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 37.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.4, 38.1 where the employment of an employee is to be terminated for the reason set out in sub-clause 29.237.2, the employer that PSVCAC 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 PSVCAC shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 weeks’ pay (b) Where the employee is 45 years of age or over, the employer PSVCAC shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For the purposes of this clause, “continuous service” shall be interpreted a) The following applies 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 circumstances where the employer Employer has made a definite decision that the employer no longer wishes the job the employee has been doing done 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 b) Transfer to sub-clause 29.4, where the employment of lower paid duties i. Where an employee is transferred to be terminated lower paid duties for the reason reasons set out in subparagraph (a) the employee shall be entitled to the same period of notice of transfer as they would be entitled to if their employment had been terminated, and the Employer may at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks’ notice still owing. ii. Twenty-clause 29.2, six weeks of salary maintenance will be provided on redeployment to the employer shall lower paid position at the employee’s rate of pay prior to redeployment. c) Severance pay, in i. In addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (a) shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods service. Period of service: (a) Where the employee is under 45 years of age, the employer shall continuous service Severance pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks 6 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 7 weeks’ pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 20 weeks 16 weeks' pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 32.1 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay (c) ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: (i) shift and weekend penalties as prescribed in clause 18 - Shift and Weekend Work; (ii) broken shift allowance as prescribed in clause 14.5 - Broken Shifts; (iii) sleepover allowance as prescribed in clause 20.4 - Sleepovers; (iv) climatic and isolation allowances as prescribed in clause 20.9 - Climatic and Isolation Allowance. 32.4 Subject to an application by the employer and further order of the FWC the employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub-clause 32.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For In the purposes of this clause, “continuous service” event that the employee's position is made redundant the following 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 clauseapply. 29.2 Redundancy occurs where (a) A position becomes redundant when the employer has made a definite decision decides that it is surplus to requirements (i.e. the employer no longer wishes does not require the job the employee has been doing to be done by the employee occupying the position or by anyone else and this is not due to the ordinary and customary turnover of labour). 29.3 Unless the AIRC subsequently orders otherwise pursuant (b) The employer will endeavour to sub-clause 29.4find suitable alternative employment for any employee whose position becomes redundant. (c) Where an employer has given notice of retrenchment to an employee, an employee will be allowed up to one day's time off with pay during each week of notice to seek other employment, provided that, where more than one day's time off is allowed during the employment of an employee is to be terminated for the reason set out in sub-clause 29.2notice period, the employer shall may require the employee to provide satisfactory evidence of attendance at a job interview to qualify for payment for time off in excess of one day. (d) Where no suitable alternative employment is available, an employee may be retrenched with the following minimum amount of severance pay (calculated at the "All in Rate" of pay, ) in addition to other payments due to that employee, the following retrenchment period of notice specified in Clause 28: Period of continuous service Severance 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 weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 20 weeks 16 weeks' pay

Appears in 1 contract

Samples: Enterprise Agreement

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:Discussion before Termination (a) Where the employee Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise, and the change is under 45 years likely to have a significant effect on Employees of agethe Employer, the employer Employer shall pay the employee consult with affected Employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (b) Where an Employee is transferred to lower paid duties by reasons of redundancy the Employee shall be entitled to the same period of notice of transfer as they would be entitled to if their employment had been terminated, and the Employer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks notice still owing. Severance pay (c) In addition to the period of notice prescribed for termination, an Employee whose employment is terminated by reasons of redundancy shall be paid the following scaleamount of severance pay in respect of a period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 20 weeks pay12 weeks' pay Definitions

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 32.1 For the purposes of this clause, “continuous service” shall be interpreted in the same manner as “service of a worker” is interpreted in the applicable State Long Service Leave Act 1955 (NSW) legislation 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 32.2 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 32.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-sub- clause 29.232.2, 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 4 years and less than 5 years 12 weeks pay 5 years and less than 6 years 14 weeks pay 6 years and over 16 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.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For Clause 5.6 shall not apply to Casual Employees. In the purposes event of this clausean Employee's position becoming redundant, “continuous service” shall be interpreted in the same manner as “service of a worker” is interpreted in Employer will apply the Long Service Leave Employment Protection Act 1955 1982 (NSW) as at the date this Agreement comes into operationamended from time to time. 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 The Employment Protection Act provides for the purposes following scale 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 severance payments due to that employee, the following retrenchment pay in respect of the following a continuous periods period of service: (a) Where the employee If an Employee is under 45 years of age, the employer Employer shall pay the employee in accordance with the following scale: Years of Service Under 45 Years of Age Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks pay Weeks Pay 2 years and less than 3 years 7 weeks pay Weeks Pay 3 years and less than 4 years 10 weeks payWeeks Pay 4 years and less than 5 years 12 Weeks Pay 5 years and less than 6 years 14 Weeks Pay 6 years and over 16 Weeks Pay (b) Where the employee an Employee is 45 years of age old or over, the employer entitlement shall pay the employee be in accordance with the following scale: Years of Service 45 Years of Age and Over Entitlement Less than 1 year Nil 1 year and less than 2 years 5 weeks pay Weeks Pay 2 years and less than 3 years 8.75 weeks pay Weeks Pay 3 years and less than 4 years 12.5 weeks pay Weeks Pay 4 years and less than 5 years 15 weeks pay Weeks Pay 5 years and less than 6 years 17.5 weeks pay Weeks Pay 6 years and over 20 weeks payWeeks Pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer change is likely to have a significant effect on employees of the Employer, the Employer shall consult with affected employees in accordance with the consultation regarding change provision of this Agreement. (b) Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the Employer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks notice still owing. (c) In addition to the period of notice prescribed for termination, an employee whose employment is terminated because the Employer no longer wishes requires the job done by 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 29.4anyone, where the employment of an employee is to shall 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, paid the following retrenchment amount of redundancy pay in respect of the following a period of continuous periods of service:. (a1) Where the If an employee is under 45 years of age, the employer 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 pay4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks (b2) Where the an employee is 45 years of age or over, the employer entitlement shall pay the employee be 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 payweeks

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 33.1 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 33.2 Redundancy occurs where the employer management has made a definite decision that the employer Xxxxx Xxxxxx Village 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 33.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.433.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.233.2, the employer that Xxxxx Xxxxxx Village 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 Xxxxx Xxxxxx Village shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 weeks’ pay (b) Where the employee is 45 years of age or over, the employer Xxxxx Xxxxxx Village shall pay the employee in accordance with the following scale: Less than 1 year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (i) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer no longer wishes change is likely to have a significant effect on Employees of the job Employer, the employee has been doing Employer shall consult with affected Employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (ii) Where an Employee is transferred to lower paid duties by reason of redundancy, the Employee shall be done by anyone and this is not due entitled to the ordinary same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and customary turnover of labour. 29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4Employer may at the Employer’s option, where the employment make payment in lieu thereof of an employee is amount equal to be terminated the difference between the former ordinary rate of pay and the new lower ordinary rate of pay for the number of weeks’ notice still owing. Severance pay (iii) An Employee whose employment is terminated by reason set out in sub-clause 29.2, the employer of redundancy shall pay, in addition to other payments due to that employee, be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods of service:. (a1) Where the employee If an Employee is under 45 years of age, the employer Employer shall pay the employee in accordance with the following scale: Years of Service Entitlement 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 pay4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks (b2) Where the employee an Employee is 45 years of age or over, the employer entitlement shall pay the employee be in accordance with the following scale: Years of Service Entitlement 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 payDefinitions

Appears in 1 contract

Samples: Support Services Enterprise Agreement

Redundancy. 29.1 ‌ 32.1 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 32.2 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 32.3 Unless the AIRC FWA subsequently orders otherwise pursuant to sub-clause 29.432.4, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.232.2, 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 payMinimum Years of Service Retrenchment 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

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 41.1 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 41.2 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 41.3 Unless the AIRC FWC subsequently orders otherwise pursuant to sub-clause 29.441.6, where the employment of an employee is to be terminated for the reason set out in sub-clause 29.241.2, 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 1-year Nil 1 year and less than 2 years 4 weeks weeks’ pay 2 years and less than 3 years 7 weeks weeks’ pay 3 years and less than 4 years 10 weeks weeks’ pay 4 years and less than 5 years 12 weeks’ pay 5 years and less than 6 years 14 weeks’ pay 6 years and over 16 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 1-year Nil 1 year and less than 2 years 5 weeks weeks’ pay 2 years and less than 3 years 8.75 weeks weeks’ pay 3 years and less than 4 years 12.5 weeks weeks’ pay 4 years and less than 5 years 15 weeks weeks’ pay 5 years and less than 6 years 17.5 weeks weeks’ pay 6 years and over 20 weeks weeks’ pay ‘Weeks’ pay’ means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any over-agreement payments and the following, if applicable: shift and weekend penalties as prescribed in Clauses 25 and Clause 26; broken shift allowance as prescribed in clause 20; sleepover allowance as prescribed in clause 29.4; and, climatic and isolation allowances as prescribed in clause 29.9.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy. 29.1 For (a) Where 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 Employer has made a definite decision that to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the employer no longer wishes change is likely to have a significant effect on employees of the job Employer, the employee has been doing to be done by anyone and Employer shall consult with affected employees in accordance with the consultation regarding change provision of this is not due to the ordinary and customary turnover of labourAgreement. 29.3 Unless the AIRC subsequently orders otherwise pursuant to sub-clause 29.4, where the employment of (b) Where an employee is transferred to be terminated lower paid duties for the reason reasons set out in sub-clause 29.2paragraph (a) the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the employer shall payEmployer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks’ notice still owing. (c) In addition to other payments due to that employeethe period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (a) shall be paid the following retrenchment amount of severance pay in respect of the following a period of continuous periods of service:. (a1) Where the If an employee is under 45 years of age, the employer shall pay the employee in accordance with the following scale: Years of Service Entitlement - Under 45 years of age 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 pay4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks (b2) Where the an employee is 45 years of age or over, the employer entitlement shall pay the employee be in accordance with the following scale: Years of Service Entitlement —45 years of age and over 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 payweeks

Appears in 1 contract

Samples: Enterprise Agreement

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 Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and the change is under 45 years likely to have a significant effect on employees of agethe Employer, the employer Employer shall pay the employee consult with affected employees in accordance with the consultation regarding change provision of this Agreement. Transfer to lower paid duties (b) Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the Employer may, at the Employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing. Severance pay (c) In addition to the period of notice prescribed for termination, an employee whose employment is terminated for reasons set out in paragraph (a) shall be paid the following scale: amount of severance pay in respect of a period of continuous service. Period of continuous service Severance pay Less than 1 year Nil 1 year and less than 2 years 4 weeks weeks' pay 2 years and less than 3 years 7 weeks 6 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 7 weeks' pay 4 years and less than 5 years 15 weeks 8 weeks' pay 5 years and less than 6 years 17.5 weeks 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and over 20 weeks pay16 weeks' pay Definitions

Appears in 1 contract

Samples: Nurses Enterprise Agreement

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