Redundancy. 19.1 Consultation before terminations Where an Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee directly affected. The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests. 19.2 Transfer to lower paid duties (a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1. (b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing. (c) The amounts must be worked out on the basis of clause 17.4.
Appears in 4 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement
Redundancy. 19.1 Consultation Discussions before terminations termination
4.7.1 Where an Employer decides Target has made a definite decision that the Employer Target no longer wishes the job the Employee team member has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, Target shall hold discussions with the Employer shall consult Retail team members directly affected and with the Employee directly affected. Union.
4.7.2 The consultation discussions shall take place as soon as it is practicable after the Employer Target has made a decision, definite decision which will shall invoke the provisions provision of sub-clause 18.1(a) 4.7.1 and shall cover the cover, among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects on of any terminations of the Employees team members concerned. .
4.7.3 For the purpose purposes of the consultation the Employer discussion Target shall, as soon as practicable, provide in writing to the Employees concernedteam members concerned and the Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees team members likely to be affected, and the number of workers team members normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer Target shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employer's employer’s interests.
19.2 Transfer to lower paid duties
(a) 4.7.4 Where an Employee a team member is transferred to lower paid duties for reasons set out in sub-clause 18.1 4.
7.1 the Employee team member shall be entitled to the same period of notice of transfer as the Employee he/she would have been entitled to if the Employee's his/her employment had been terminated under clause 17.1.
(b) The Employer mayterminated, and Target may at the Employer's option, employer’s option make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
4.7.5 Where a business is before, on or after the date of certification of this Agreement, transmitted from an employer (cin this sub-clause called “the transmittor”) The amounts must to another employer (in this sub-clause called “the transmittee”) and a team member who at the time of such transmission was a team member of the transmitter in that business becomes a team member of the transmittee:
(i) the continuity of the employment of the team member shall be worked out on deemed not to have broken by reasons of such transmission; and
(ii) the basis period of employment which the team member has had with the transmitter or any prior transmittee shall be deemed to be service of the team member with the transmittee.
4.7.6 In this sub-clause 17.4“business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
4.7.7 During the period of notice of termination given by Target a team member 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.
4.7.8 If the team member has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the team member shall, at Target’s request, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. A statutory declaration shall be sufficient for this purpose.
Appears in 2 contracts
Samples: Retail Agreement, Retail Agreement
Redundancy. 19.1 Consultation before terminations 22.1 The Hospital hopes that compulsory redundancies of employees/staff are not necessary. Wherever possible the Hospital will seek to redeploy redundant staff within Bio-Medical Engineering.
22.2 All proposed redundancies should be dealt with in the manner outlined below:
22.2.1 Where an Employer decides the Hospital has made a definite decision that the Employer Hospital no longer wishes the job work the Employee employee has been doing doing, to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer Hospital shall consult hold discussions with the Employee employees directly affectedaffected and with their nominated representatives. This will apply where the possible termination is not due to the ordinary and customary turnover of labour
22.2.2 The consultation discussions shall take place as soon as it is practicable after the Employer Hospital has made a decision, definite decision which will invoke the provisions provision of clause 18.1(a) 22.2.1 and shall cover the cover, inter alia, any reasons for the proposed possible terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
22.2.3 For the purpose purposes of the consultation discussions the Employer Hospital shall, as soon as practicable, provide in writing to the Employees concerned, employees concerned and their nominated representatives:
(i) all relevant information about the proposed terminations including the reasons for the proposed proposed/possible terminations, ,
(ii) the number and categories of Employees employees likely to be affected, ,
(iii) the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided out provided that any Employer the Hospital shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the EmployerHospital's interests.
19.2 Transfer 22.3 Before a compulsory redundancy the following shall apply;
22.3.1 the Hospital will actively explore all internal redeployment opportunities for staff surplus to meet operational requirements;
22.3.2 an employee seeking redeployment may be retrained for an available position provided the employee can demonstrate that she or he possesses the necessary aptitude, qualifications and interest for that position;
22.3.3 where applicable, the Hospital will provide and/or pay for the required training;
22.3.4 where there is a redeployment to a lower paid dutiesposition or a position of less hours or where there is an alteration of shifts which results in a reduction in pay, the Hospital will maintain the employee's:
(ai) Where an Employee is transferred to lower paid duties salary and equivalent hours at his or her former classification rate of pay for reasons set out clause 18.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1six (6) months;
(ii) shift penalties and allowance for three (3) months.
(b) The Employer may22.3.5 all attempts will be made to ensure that an employee's area of choice, at hours of work and previous roster patterns are met;
32.3.6 Where the Employer's option, make payment Hospital identifies an opportunity for redeployment the redeployment shall take place within 13 weeks from the time that the employee is advised in lieu thereof of an amount equal writing that their services are not required by the Hospital. Some flexibility will be considered to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owingthis time frame in exceptional circumstances where operational requirements/activity levels/retraining are considerations.
(c) The amounts must be worked out on the basis of clause 17.4.22.3.7 where redeployment opportunities are not identified in accordance with clause
Appears in 2 contracts
Samples: Royal Children’s Hospital and Biomedical Engineers Agreement, Enterprise Agreement
Redundancy. 19.1 Consultation (a) Discussions before terminations termination
(i) Where an Employer decides the employer has made a definite decision that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employees directly affected. .
(ii) The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions provision of clause 18.1(a4.6(a) hereof and shall cover the cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
(iii) For the purpose of the consultation discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer the employer shall not be required to disclose confidential information, information the disclosure of which would be adverse detrimental to the Employeremployer's interestsinterest.
19.2 (b) Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out in clause 18.1 4.6(a) hereof the Employee employee shall be entitled to the same period of notice of transfer as the Employee he/she would have been entitled to if his/her employment has been terminated, and the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, employer may at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c) The amounts must Transmission of business
(i) Where a business is before, on or after the date of this agreement, transmitted from the employer (in this clause called the transmittor) to another employer (in the clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
(ii) the continuity of the employment of the employee shall be worked deemed not to have been broken by reasons of such transmission; and
(iii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
(iv) In this clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
(d) Time off work during notice period
(i) 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.
(ii) 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, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent.
(iii) For the purpose of 4.6(d)(i) a statutory declaration will be sufficient.
(e) Severance pay An employee whose employment is terminated for reasons set out in clause 4.6(a) hereof shall be entitled to the following:
(i) Four weeks pay in lieu of notice.
(ii) Four weeks per year of service or part thereof.
(iii) Pro-rata long service leave after the completion of five years service.
(iv) All sick leave accrued for five years prior to the date of certification to be paid out, however, this shall be paid at the rate of pay applicable at the time of the redundancy.
(v) An additional one weeks pay for all employees over forty five years of age.
(vi) All superannuation to be paid out as per the relevant trust deed or deeds.
(vii) All annual leave and pro-rata leave loading.
(viii) An itemised redundancy statement outlining the above, this will occur no later than three days before separation.
(ix) Weeks' pay means the ordinary time rate of pay for the employee concerned.
(x) Provided that the severance payments as identified in 4.6(e)(i) and 4.6(e)(ii)collectively do not exceed 52 weeks in total.
(f) Employees leaving during notice. An employee whose employment is terminated for reasons set out in clause 4.6 may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments in lieu of notice for any remaining notice period under this clause had he/she remained with the employer until the expiry of such notice.
(g) Employees exempted Clause 4.6(e) does not apply to:
(i) employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
(ii) probationary employees;
(iii) apprentices;
(iv) trainees;
(v) employees engaged for a specific period of time or for a specified task or tasks; or
(vi) casual employees
(vii) Where an employee is terminated as a result of a transmission of business, as defined in clause 4.6(c)(iv), and the following applies: A Where the employee accepts employment with the transmittee which recognises the period of employment which the employee had with the transmittor and any prior transmittor to be service of the employee with the transmittee; or B Where the employee rejects an offer of employment with the transmittee: • in which the terms and conditions are no less favourable, considered on an overall basis, than the basis terms and conditions applicable to the employee at the time of clause 17.4ceasing employment with the transmittor; and • which recognises the period of employment which the employee has had with the transmittor and any prior transmittor to be service of the employee with the transmittee.
Appears in 2 contracts
Samples: Workplace Agreement, Workplace Agreement
Redundancy. 19.1 20.1 Consultation before terminations Where an Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee directly affected. The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a20.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 20.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 19.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.119.1.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.417.5.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Redundancy. 19.1 4.8.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their representative.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.8.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 4.8.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 4.8.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 3.4.1 Consultation before terminations terminations
a. Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their union or unions.
b. The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a3.4.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
c. For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 3.4.2 Transfer to lower paid duties
(a) a. Where an Employee employee is transferred to lower paid duties for reasons set out in clause 18.1 3.4.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.13.3.
(b) b. The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) c. The amounts must be worked out on the basis of clause 17.4of: i the ordinary working hours to be worked by the employee; and ii the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and iii any other amounts payable under the employee's employment contract.
Appears in 1 contract
Samples: Principals’ Agreement
Redundancy. 19.1 Consultation before terminations terminations
3.8.1. Where an the Employer decides that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall will consult the Employee employee directly affectedaffected and where relevant, their union(s).
3.8.2. The consultation shall will take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) 3.8.1 and shall will cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned.
3.8.3. For the purpose of the consultation the Employer shallwill, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their union(s), all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any . However, the Employer shall will not be required to disclose confidential information, the disclosure of information which would be adverse to the Employer's interests.
19.2 Transfer to lower paid duties
(a) 3.8.4. Where an Employee employee is transferred to lower paid duties for reasons set out in clause 18.1 3.8.1, the Employee shall employee will be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.1this clause.
(b) 3.8.5. The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) . The amounts must be worked out on the basis of:
a) the ordinary working hours to be worked by the employee;
b) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
c) any other amounts payable under the employee's contract of employment.
3.8.6. Where a decision has been made to terminate an employee in the circumstances outlined in clause 17.43.8.1, the employee will be allowed up to 1 days’ time off without loss of pay during each week of notice for the purpose of seeking other employment.
3.8.7. If the employee has been allowed paid leave for more than 1 day during the notice period for the purpose of seeking other employment, the employee will, at the request of the Employer, be required to produce proof of attendance at an interview or the employee will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 2023
Redundancy. 19.1 3.4.1 Consultation before terminations terminations
a) Where an Employer BCE decides that the Employer BCE no longer wishes the job the Employee Principal has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall BCE will consult the Employee Principal directly affected. affected and where relevant, their union or unions.
b) The consultation shall will take place as soon as it is practicable after the Employer BCE has made a decision, which will invoke the provisions of clause 18.1(a3.4.
1 a) and shall will cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees Principals concerned. .
c) For the purpose of the consultation the Employer shallBCE will, as soon as practicable, provide in writing to the Employees concernedPrincipals concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees Principals likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided ; provided that any Employer shall BCE will not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's BCE’s interests.
19.2 3.4.2 Transfer to lower paid duties
(a) Where an Employee a Principal is transferred to lower paid duties for reasons set out in clause 18.1 3.4.1 the Employee shall Principal will be entitled to the same period of notice of transfer as the Employee Principal would have been entitled to if the EmployeePrincipal's employment had been terminated under clause 17.13.3.
(b) The Employer BCE may, at the Employer's BCE’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer BCE would have been liable to pay and the new lower amount the Employer BCE is liable to pay the Employee Principal for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
i. the ordinary working hours to be worked by the Principal; and
ii. the amounts payable to the Principal for the hours including for example, allowances, loadings and penalties; and
iii. any other amounts payable under the Principal's employment contract.
Appears in 1 contract
Samples: Principals’ Agreement
Redundancy. 19.1 Consultation before terminations 36.1 Where an Employer decides the employer has made a definite decision that the Employer it no longer wishes to continue the job the Employee has been doing to be done by anyoneposition an employee currently holds, and this is not due to the ordinary and customary turnover of labour, labor and that decision may lead to the termination of employment, the Employer shall consult employer will hold discussions with the Employee employee(s) directly affected. affected and a representative of their choice.
36.2 The consultation shall discussions will take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) paragraph one hereof, and shall cover the will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
36.3 For the purpose purposes of the consultation discussion the Employer shallemployer will, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall . The employer will not be required to disclose confidential information, the disclosure of which would be adverse inimical to the Employeremployer's interests.
19.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 36.4 Other than in cases of willful misconduct the Employee shall be entitled following will apply, provided that the severance payments will not exceed the amount which the employee would have earned if employment with the employer had proceeded to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer mayemployee’s normal retirement date, at the Employer's option, make and notwithstanding that additional payment in lieu thereof of an amount equal to the difference may be agreed between the former amounts parties for voluntary severance: “Week's pay” means the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee for the number employee concerned. Provided that such rate will exclude: • overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • Any other ancillary payments of weeks of notice still owinga like nature.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation 17.1 Discussions before terminations termination
17.1.1 Where an the Employer decides has made a definite decision that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer shall consult hold discussions with the Employee employees directly affected. affected and with the Union.
17.1.2 The consultation discussions shall take place as soon as it is practicable after the Employer has made a decision, definite decision which will invoke the provisions provision of clause 18.1(a) paragraph 17.1.1 and shall cover the cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their ' and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
17.1.3 For the purpose of the consultation discussion the Employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and the Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees the employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any . The Employer shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employer's interestsinterest.
19.2 17.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out in clause 18.1 17.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's case had the employment had been terminated under clause 17.1.
(b) The terminated, and the Employer may, may at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 4.7.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their representative.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.8.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 4.7.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 4.8.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 Consultation before terminations 18.1 Where an the Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer shall consult the Employee directly affected. .
18.2 The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) 16.1 and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 Transfer to lower paid duties18.3 TRANSFER TO LOWER PAID DUTIES
(a) 18.3.1 Where an Employee is transferred to lower paid duties for reasons set out in clause 18.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's ’s employment had been terminated under clause 17.1clauses 18.1 and 18.2.
(b) 18.3.2 The Employer may, at the Employer's ’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) 18.3.3 The amounts must be worked out on the basis of clause 17.4of: ▪ the ordinary working hours to be worked by the Employee; and ▪ the amounts payable to the Employee for the hours including for example allowances, loadings and penalties; and ▪ any other amounts payable under the Employee’s employment contract.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation (i) Relevant rostered shift penalties for shift workers will apply to severance payments retrospective on or from 1/7/2000 to a ceiling of 10 years service (40 weeks) from that date. Thereafter, on or from 1/7/2001 full retrospectivety will apply.
(ii) The severance agreement which lapses on 1/7/2000 will be amended as in (i) above and recertified for a further 3 years duration from that date. The severance agreement will also be amended to include the following: Redundancy Discussion before terminations termination's
(a) Where an Employer decides the employer has made a definite decision that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employees directly affected. affected and with the Union.
(b) The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(aparagraph (a) above hereof and shall cover the cover, inter alia, any reasons for the proposed terminationstermination's, measures to avoid or minimise the terminations and/or their termination's and measures to mitigate any adverse effects of any termination's on the Employees employees concerned. .
(c) For the purpose purposes of the consultation discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their Union, all relevant information about the proposed terminations termination's including the reasons for fort the proposed terminationstermination's, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which the terminations termination's are likely to be carried out: . Provided that any Employer employer shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employer's employer’s interests.
19.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Redundancy. 19.1 3.7.1 Consultation before terminations terminations
a. Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their union or unions.
b. The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a3.7.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects affects on the Employees employees concerned. .
c. For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 3.7.2 Transfer to lower paid duties
(a) a. Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in clause
3.7.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.13.6.
(b) b. The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) c. The amounts must be worked out on the basis of clause 17.4of: i the ordinary working hours to be worked by the employee; and ii the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and iii any other amounts payable under the employee's employment contract.
Appears in 1 contract
Samples: Employment Agreement
Redundancy. 19.1 Consultation before terminations Where 42.1. If the Castlemaine site faces the prospects of redundancies taking place, the company will, within technical and economic considerations, make every effort to maximize work undertaken on-site in order to mitigate the requirement for redundancies.
42.2. Redundancy occurs where an Employer decides employer has made a definite decision that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyoneanyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.
42.3. The following terms concerning consultation and provision of information will apply prior to any redundancies.
(a) Where the Company has made a decision that the Company no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer Company shall consult hold discussions with the Employee employees directly affected. affected and with their representatives.
(b) The consultation discussions shall take place as soon as it is practicable after the Employer Company has made a definite decision, which will invoke the provisions of clause 18.1(asub-clauses 41.2 and 41.3 (a) above, and shall cover the cover, inter alia, any reasons for the proposed terminationstermination, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employee(s) concerned. .
(c) For the purpose purposes of the consultation discussion the Employer Company shall, as soon as practicablepracticable after making a decision but before any terminations, provide in writing to the Employees concerned, employees concerned and their union all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which which, or the time when the terminations are likely to be carried out: . Provided that any Employer the Company shall not be required to disclose confidential information, the disclosure of which would be adverse inimical to the Employer's Company’s interests.
19.2 Transfer 42.4. When redundancies are to lower paid duties
(a) Where occur, volunteers will be invited within an Employee is transferred agreed timeframe of 10 calendar days. Management reserves the right to lower paid duties for reasons set out clause 18.1 make the Employee shall final decision on who will be entitled retrenched, however subject to the same period retention of notice required skills and the total number of transfer as the Employee would have been entitled employees to if the Employee's employment had been terminated under clause 17.1be made redundant, volunteers for redundancy will be accepted.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal 42.5. Redundancy pay is to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out calculated on the basis of clause 17.4"ordinary time earnings". For the purposes of this Agreement, "ordinary time earnings" means an employee's classification rate applicable under this Agreement, any over-award payment, tool allowance, leading hand allowance and shift allowance. Weekend penalties, overtime penalties and all other allowances and payments are excluded.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation before terminations Where an Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee directly affected. The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 19.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.417.5.
Appears in 1 contract
Samples: Employee Collective Agreement
Redundancy. 19.1 Consultation before terminations Where an Employer decides 23.1 A redundancy may occur when the Town of Claremont has made a definite decision that the Employer it no longer wishes the job the Employee employee has been doing to be done by anyone, and such decision may lead to the termination of employment. A redundancy will not occur due to the ordinary and customary turnover of labour.
23.2 Consultation The Town of Claremont shall consult employees likely to be affected by any proposed change as to the need for and/or reason for the change and no definite decision will be made until this process has been followed.
23.2.1 Where a definite decision has been made that the Town no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to the termination of employment, the Employer Chief Executive Officer or relevant Director shall consult hold discussions with the Employee employee(s) directly affected. , and with his/her/their representative, where relevant.
23.2.2 The consultation discussions shall take place as soon as it is practicable after the Employer Town has made a definite decision, which will invoke the provisions of clause 18.1(a) and shall cover the any reasons for the proposed terminationstermination(s), measures to avoid or minimise the terminations and/or their termination(s) and measures to mitigate any adverse effects of any termination(s) on the Employees employee(s) concerned. .
23.2.3 For the purpose purposes of the consultation discussion the Employer Town shall, as soon as practicable, provide in writing to the Employees employee(s) concerned, all relevant information about the proposed terminations termination(s) including the reasons and timeframe for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's intereststermination(s).
19.2 Transfer 23.2.4 Wherever possible and practical, appropriate employee(s) shall be offered a transfer to lower paid dutiesother positions within the Town and also offered necessary and reasonable training to effect a successful transition.
(a) 23.2.5 Where an Employee employee is transferred to lower paid other duties for reasons set out clause 18.1 the Employee shall be entitled to purpose of avoiding retrenchment and those duties attract a lesser rate of pay than the same period of notice of transfer as incumbent’s previous position, the Employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, at the Employer's option, Town will make payment in lieu thereof of an amount equal to up the difference between the former amounts the Employer would have been liable to two rates of pay and the new lower amount the Employer is liable to pay the Employee for the number a period of weeks of notice still owingtwelve months (‘Salary Maintenance’).
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Collective Workplace Agreement
Redundancy. 19.1 Consultation before terminations (1) Discussions Before Terminations
(a) Where an Employer decides the Company has made a definite decision that the Employer Company no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer Company shall consult hold discussions with the Employee employees directly affected. affected and with their nominated representative, if any.
(b) The consultation discussions shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) and shall cover cover, amongst other matters, the reasons for the proposed terminationsterminations are required, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
(c) For the purpose purposes of the consultation discussion the Employer Company shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and to their nominated representative, if any, all relevant information about the proposed terminations terminations, including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers employees normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer the Company shall not be required to disclose confidential information, information the disclosure of which would be adverse detrimental to the EmployerCompany's interests.
19.2 (2) Transfer to lower paid duties
(a) Lower Paid Duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in subclause (1) above, the Employee employee shall be entitled to the same period of notice of transfer as the Employee they would have been entitled to if the Employee's employment they had been terminated under clause 17.1.
(b) The Employer mayterminated, at and the Employer's option, Company may make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c3) The amounts must Severance Pay In addition to the period of notice provided in Clause 23.-Engagement, a permanent employee whose employment is terminated for reasons set out above shall be worked entitled to the following amount of severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the Company shall pay 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 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 15 weeks' pay 6 years and less than 7 years 18 weeks' pay 7 years and less than 8 years 21 weeks' pay 8 years and less than 9 years 24 weeks' pay 9 years and less than 10 years 27 weeks' pay 10 years and over 30 weeks' pay
(b) Where an employee is 45 years of age or over, the entitlement to severance pay shall be increased by 25% above the scale set out on the basis of clause 17.4in paragraph (a) hereof.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 3.6.1 Consultation before terminations Where an the Employer decides 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, and that decision may lead to termination of employment, the Employer shall consult will hold discussions with the Employee Employees directly affectedaffected and when requested, their nominated representative. The consultation shall will take place as soon as it is practicable after the Employer has made a decisiondefinite decision and will cover, which will invoke the provisions of clause 18.1(a) and shall cover among other things, the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to avert or mitigate the adverse effects on of any terminations of the Employees concernedconcerned which may include calling for voluntary redundancies. For the purpose of the consultation such consultation, the Employer shallwill, as soon as practicable, provide in writing to the Employees concernedconcerned and their nominated representative (if any), all relevant information about the proposed terminations including and the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and in the period over which the terminations are likely to be carried out: . Provided that any the Employer shall will not be required to disclose confidential information, the disclosure of which would be adverse harmful to the Employer's interests.
19.2 3.6.2 Transfer to lower paid duties
(a) duties Where an Employee is transferred to lower paid other duties for reasons set out in clause 18.1 3.6.1, the Employee shall will be entitled to the same period of notice of transfer as the Employee would have been entitled to, pursuant to clause 3.5.2, if the Employee's their employment had been terminated under clause 17.1.
(b) terminated. The Employer may, at the Employer's option, may instead make a payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay Base Rate of Pay and the new lower amount the Employer is liable to pay the Employee Base Rate of Pay for the number of weeks of notice still owingof transfer not provided.
(c) The amounts must 3.6.3 Time off during notice period Where a decision has been made to terminate an Employee in the circumstances outlined in clause 3.6.1, the Employee will be worked out on allowed up to one day's time off without loss of pay during each week of notice for the basis purpose of clause 17.4seeking other employment. 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 may, at the request of the Employer, be required to produce proof of attendance at an interview or the Employee will not receive payment for the time absent. For this purpose, a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Queensland Health Professionals Enterprise Agreement
Redundancy. 19.1 Consultation before terminations (a) Discussions Before Termination
(i) Where an Employer decides the employer has made a definite decision that the Employer it no longer wishes the job the Employee an employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employees directly affected. affected and with the union.
(ii) The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(aparagraph (i) hereof, and shall cover the cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
(iii) For the purpose of the consultation discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and the union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided out provided that any Employer employer shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employeremployer's interests.
19.2 (b) Transfer to lower paid duties
(a) Lower Paid Duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in paragraph (I) hereof the Employee employee shall be entitled to the same period of notice of or transfer as the Employee he or she would have been entitled to if the Employee's his or her employment had been terminated under clause 17.1.
(b) The Employer mayterminated, and the employer may at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the employee's former amounts the Employer would have been liable to pay classification rate and the new lower amount the Employer is liable to pay the Employee classification rate for the number of weeks of notice still owing.
(c) The amounts must Severance Pay
(i) In addition to the period of notice prescribed for termination, a weekly employee whose employment is terminated for reasons set out in paragraph (i) hereof, shall be worked out on entitled to the basis following amount of clause 17.4.severance pay in respect of a continuos period of service:
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 4.8.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their chosen representative.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.8.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their chosen representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 4.8.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 4.8.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
Appears in 1 contract
Samples: Union Collective Agreement
Redundancy. 19.1 3.5.1. Consultation before terminations terminations
(a) Where an Employer decides that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee employee directly affected. affected and their representatives, if any.
(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a3.5.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their representatives, if any, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: . Provided that any the Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests. Provided further that any information provided in relation to this sub-clause must not breach the provisions of the Privacy Act 1988 or the Act.
19.2 3.5.2. Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 3.5.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.13.4.
(b) The Employer may, at the Employer's ’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of:
i. the ordinary working hours to be worked by the employee; and
ii. the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
iii. any other amounts payable under the employee's employment contract.
3.5.3. Time off during notice period
(a) Where a decision has been made to terminate an employee in the circumstances outlined in clause 3.5.1, the employee shall be allowed up to one day's time off without loss of clause 17.4pay during each week of notice for the purpose of seeking other employment.
(b) 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, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose, a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation 13.1 Discussions before terminations Termination
a) Where an Employer decides employer has made a definite decision that the Employer they no longer wishes wish the job the Employee employee has been doing to be done by anyone, and this is not due to including the ordinary and customary turnover cessation or reduction of labourgrant funding, and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employees directly affected. affected and their nominated representative.
b) The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(aparagraph (a) hereof and shall cover the cover, any reasons for the proposed terminationstermination, measures to avoid or minimise the terminations and/or their termination and measure to mitigate any adverse effects of any terminations on the Employees employees concerned. .
c) For the purpose of the consultation discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their nominated representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer the employer shall not be required to disclose confidential information, information the disclosure of which would be adverse or unfavourable to the Employeremployer's interestsinterest.
19.2 13.2 Transfer to lower paid duties
(a) Lower Paid Duties Where an Employee employee is transferred to lower paid other duties for reasons set out clause 18.1 in 2.5.1 above, the Employee employee shall be entitled to the same period of notice of transfer as the Employee entitlement that they would have received had their employment been entitled to if terminated, and the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, at the Employer's option, employer may make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 2.10.1 Consultation before terminations terminations
(a) Where an the Employer decides that the Employer it no longer wishes requires the job position the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult with the Employee directly affected. affected and at the Employee’s request, their nominated representative.
(b) The consultation shall take place as soon early as it is practicable after the Employer has made a decision, which will invoke the provisions of decision in clause 18.1(a2.10.1(a) and shall will cover the reasons for the proposed terminations, termination/s and measures to avoid avert or minimise mitigate the terminations and/or their adverse effects on the Employees concerned. For the purpose of the consultation the termination/s.
(c) The Employer shall, as soon as practicable, shall provide in writing to the Employees concernedEmployee and their nominated representative (if any), all relevant information about the proposed terminations termination/s including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any . However, the Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's ’s interests.
19.2 2.10.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out in clause 18.1 2.10.1(a), the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's ’s employment had been terminated under clause 17.1terminated.
(b) The Employer may, at the Employer's ’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee for the number of weeks of notice of transfer still owing.
2.10.3 Time off during notice period
(ca) The amounts must Where a decision has been made to terminate an Employee in the circumstances outlined in clause 2.10.1(a), the Employee shall be worked out on allowed up to one (1) paid day off, during each week of notice, for the basis purpose of clause 17.4seeking other employment.
(b) If the Employee has been allowed paid leave for more than one (1) 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 the Employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Brisbane Girls Grammar School Enterprise Agreement 2019
Redundancy. 19.1 5.3.1 Consultation before terminations terminations
(a) Where an the Employer decides that the Employer it no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee employee directly affected. .
(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a5.3.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, employees concerned all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 5.3.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 5.3.1
(a) the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.15.1.
(b) The Employer may, at the Employer's ’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Workplace Agreement
Redundancy. 19.1 3.4.1 Consultation before terminations terminations
a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee principal has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee principal directly affected. affected and where relevant, their union or unions.
b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a3.4.
1 a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees principals concerned. .
c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedprincipals concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees principals likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 3.4.2 Transfer to lower paid duties
(a) Where an Employee a principal is transferred to lower paid duties for reasons set out in clause 18.1 3.4.1 the Employee principal shall be entitled to the same period of notice of transfer as the Employee principal would have been entitled to if the Employeeprincipal's employment had been terminated under clause 17.13.3.
(b) The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee principal for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of: i the ordinary working hours to be worked by the principal; and ii the amounts payable to the principal for the hours including for example, allowances, loadings and penalties; and iii any other amounts payable under the principal's employment contract.
Appears in 1 contract
Samples: Employment Agreement
Redundancy. 19.1 6.10.1 Consultation before terminations Termination
(a) Where an Employer the College decides that the Employer it no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer College shall consult the Employee directly affected. affected and, if requested by the employee, their nominated representative.
(b) The consultation shall take place as soon as it is practicable after the Employer College has made such a decision, which will invoke the provisions of clause 18.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees concerned. .
(c) For the purpose of the consultation the Employer College shall, as soon as practicable, provide in writing to the Employees concerned, concerned all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed terminations and the period over which the terminations are likely to be carried out: Provided that any Employer . The College shall not be required to disclose information about other Employees (unless those Employees request that it be provided), or confidential information, the disclosure of which would be adverse to the Employer's interestsinterests of the College.
19.2 6.10.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out clause 18.1 in 6.9.1
(a) the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's ’s employment had been terminated under clause 17.1terminated.
(b) The Employer College may, at the EmployerCollege's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer College would have been liable to pay and the new lower amount the Employer College is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the Employee; and
(ii) the amounts payable to the Employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the Employee’s employment contract.
Appears in 1 contract
Samples: Collective Enterprise Agreement
Redundancy. 19.1 3.9.1 Consultation before terminations terminations
(a) Where an Employer the employer decides that the Employer they no longer wishes wish the job the Employee an employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. .
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a3.9.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects affects on the Employees concerned. employee/s directly affected.
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployee/s directly affected, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer the employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 3.9.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out in clause 18.1 3.9.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.13.9.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Collective Workplace Agreement
Redundancy. 19.1 4.6.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their representative.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.6.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 4.6.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 clause
4.6.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.14.4.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 Consultation 2.3.1 Discussions before terminations terminations
(a) Where an Employer decides has made a definite decision that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult hold discussions with the Employee employees directly affected. .
(b) The consultation discussions shall take place as soon as it is practicable after the Employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) 2.3.1, and shall cover inter alia, the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate the adverse effects on of any terminations of the Employees employees concerned. .
(c) For the purpose of the consultation discussion the Employer shall, as soon as practicable, provide in writing to the Employees employees concerned, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer shall not be required to disclose confidential information, the disclosure of which would be adverse inimical to the Employer's its interests.
19.2 2.3.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid other duties for reasons set out in clause 18.1 2.3.1, the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.1.
(b) The terminated, and the Employer may, at the Employer's ’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
2.3.3 Time off during notice period
(ca) The amounts must Where a decision has been made to terminate an employee in the circumstances outlined in clause 2.3.1, the employee shall be worked out on allowed up to one day’s time off without loss of pay during each week of notice for the basis purpose of clause 17.4seeking other employment.
(b) 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, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 4.8.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their Union or Unions.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.8.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 4.8.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 4.8.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
Appears in 1 contract
Redundancy. 19.1 (1) Consultation before terminations terminations
(a) Where an the Employer decides that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee employee(s) directly affected. .
(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a2.8 (1)(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects affects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concerned, employees concerned all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided , provided that any the Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's ’s interests.
19.2 (2) Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 clause
(1) the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.12.1(5).
(b) The Employer may, at the Employer's option, shall make payment in lieu thereof of an amount equal to the difference between the former amounts Annualised Salary the Employer would have been liable to pay and the new lower amount Annualised Salary the Employer is liable to pay the Employee for the number employee in accordance with Clause 3.5 (3) of weeks of notice still owingthis Agreement.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Redundancy. 19.1 4.8.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their representative.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.7.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their representative, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 4.8.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 clause
4.7.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 4.10.1 Consultation before terminations terminations
(a) Where an Employer the Company decides that the Employer it no longer wishes the job the Employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer Company shall consult the Employee directly affected. affected and where relevant, their Union or Unions.
(b) The consultation shall take place as soon as it is practicable after the Employer Company has made a decision, which will invoke the provisions of clause 18.1(a4.10.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects affects on the Employees concerned. .
(c) For the purpose of the consultation the Employer Company shall, as soon as practicable, provide in writing to the Employees concernedconcerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer the Company shall not be required to disclose confidential information, the disclosure of which would be adverse to the EmployerCompany's interests.
19.2 4.10.2 Transfer to lower paid duties
(a) Where an Employee is transferred to lower paid duties for reasons set out in clause 18.1 4.10.1 the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee's ’s employment had been terminated under clause 17.14.10.
(b) The Employer Company may, at the EmployerCompany's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer Company would have been liable to pay and the new lower amount the Employer Company is liable to pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of:
i. the ordinary working hours to be worked by the Employee;
ii. the amounts payable to the Employee for the hours including for example, allowances, loadings and penalties; and
iii. any other amounts payable under the Employee’s employment contract.
4.10.3 The redundancy package for a permanent employee who is displaced from employment due to a genuine redundancy situation is contained in Schedule 2.
(a) where employment is terminated as a consequence of misconduct on the part of the Employee; or
(b) Seasonal Employees; or
(c) to Employees engaged for a specific period or task(s), except where such Employees are:
i. engaged on a series of consecutive contracts; and
ii. where the period of actual service covered by the series of contracts totals in excess of 12 months. For the purpose of clause 17.44.10.3 the continuity of an Employee’s service with the company is taken not to be broken by a period between fixed term contracts which is equal to or less than 8 weeks; or
(d) to Casual Employees; or
(e) to apprentices including apprentices who are retained in employment for one fixed term contract after the completion of their apprenticeship.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Redundancy. 19.1 4.7.1 Consultation before terminations terminations
(a) Where an Employer decides that the Employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer shall consult the Employee employee directly affected. affected and where relevant, their Union.
(b) The consultation shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a4.7.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any an Employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's interests.
19.2 4.7.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 4.7.1
(a) the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.14.5.
(b) The Employer may, at the Employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to pay and the new lower amount the Employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee's employment contract.
Appears in 1 contract
Samples: Collective Agreement
Redundancy. 19.1 3.7.1 Consultation before terminations terminations
a. Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their union or unions.
b. The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a3.7.1 (a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
c. For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employeremployer's interests.
19.2 3.7.2 Transfer to lower paid duties
(a) a. Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in clause
3.7.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.13.6.
(b) b. The Employer employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) c. The amounts must be worked out on the basis of: i The ordinary working hours to be worked by the employee; and ii The amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and iii Any other amounts payable under the employee's employment contract.
3.7.5 Transmission of business
a. Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: i The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and ii The period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
b. In clause 17.43.7.3, “business” includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
3.7.6 Time off during notice period
a. Where a decision has been made to terminate an employee in the circumstances outlined in clause 3.7.1 (a), the 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.
b. 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, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
Appears in 1 contract
Samples: Employment Agreement
Redundancy. 19.1 Consultation before terminations 12.1 Where an Employer decides the employer has made a definite decision that the Employer employer no longer wishes the job the Employee an employee/s has been doing to be / done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer company shall consult hold discussions with the Employee employee/s directly affected. .
12.1.1 The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) subclause 12.1 hereof and shall cover the (inter alia) any reasons for the proposed terminationstermination/s, measures to avoid or minimise the terminations and/or their terminations/s and measures to mitigate any adverse effects of any termination/s on the Employees employee/s concerned. .
12.1.2 For the purpose of the consultation discussions the Employer shall, employer shall as soon as practicable, practicable provide in writing to the Employees concerned, employee/s concerned all relevant information about the proposed terminations termination/s including the reasons for the proposed terminationstermination/s, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations termination/s are likely to be carried out: . Provided that any Employer the employer shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employeremployer's interests.
19.2 12.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in subclause 12.1 hereof the Employee employee shall be entitled to the same minimum period of notice of transfer as the Employee s/he would have been entitled to if the Employee's his/her employment had been terminated under clause 17.1.
(b) The Employer may, at and the Employer's option, employer will make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Workplace Agreement
Redundancy. 19.1 Consultation 18.1 Discussions before terminations termination
a) Where an Employer decides the Company has made a definite decision that the Employer Company no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer Company shall consult hold discussions with the Employee employees directly affected. .
b) The consultation discussions shall take place as soon as it is practicable after the Employer Company has made a decision, definite decision which will invoke the provisions of clause 18.1(a) and shall cover the inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
c) For the purpose purposes of the consultation discussion the Employer Company shall, as soon as practicable, provide in writing to the Employees employees concerned, all relevant information about the proposed terminations termination including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer the Company shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employer's Company’s interests.
19.2 18.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 the Employee shall be entitled to by reason of redundancy the same period of notice of transfer must be given as the Employee employee would have been entitled to if the Employee's employment had been terminated under clause 17.1.
(b) The Employer may, and the Company may at the Employer's Company’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rate for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Employee Collective Agreement
Redundancy. 19.1 Consultation before terminations (1) Discussions Before Terminations
(a) Where an Employer decides the Company has made a definite decision that the Employer Company no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer Company shall consult hold discussions with the Employee employees directly affected. affected and their nominated representatives, if any.
(b) The consultation discussions shall take place as soon as it is practicable after the Employer has made a decision, which will invoke the provisions of clause 18.1(a) and shall cover cover, amongst other matters, the reasons for the proposed terminationsterminations are required, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
(c) For the purpose purposes of the consultation discussion the Employer Company shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their nominated representatives, if any, all relevant information about the proposed terminations terminations, including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, and the number of workers employees normally employed and the period over which the terminations are likely to be carried out: . Provided that any Employer the Company shall not be required to disclose confidential information, information the disclosure of which would be adverse detrimental to the EmployerCompany's interests.
19.2 (2) Transfer to lower paid duties
(a) Lower Paid Duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in subclause (1) above, the Employee employee shall be entitled to the same period of notice of transfer as the Employee they would have been entitled to if the Employee's employment they had been terminated under clause 17.1.
(b) The Employer mayterminated, at and the Employer's option, Company may make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c3) The amounts must Severance Pay In addition to the period of notice provided in Clause 23.-Engagement, a permanent employee whose employment is terminated for reasons set out above shall be worked entitled to the following amount of severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the Company shall pay 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 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 15 weeks' pay 6 years and less than 7 years 18 weeks' pay 7 years and less than 8 years 21 weeks' pay 8 years and less than 9 years 24 weeks' pay 9 years and less than 10 years 27 weeks' pay 10 years and over 30 weeks' pay
(b) Where an employee is 45 years of age or over, the entitlement to severance pay shall be increased by 25% above the scale set out on the basis of clause 17.4in paragraph (a) hereof.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation before terminations 13.1 Where an Employer decides the employer has made a definite decision that the Employer employer no longer wishes the job the Employee an employee/s has been doing to be / done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labour and that decision may lead to termination of employment, the Employer company shall consult hold discussions with the Employee employee/s directly affected. .
13.1.1 The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) subclause 13.1 hereof and shall cover the (inter alia) any reasons for the proposed terminationstermination/s, measures to avoid or minimise the terminations and/or their terminations/s and measures to mitigate any adverse effects of any termination/s on the Employees employee/s concerned. .
13.1.2 For the purpose of the consultation discussions the Employer shall, employer shall as soon as practicable, practicable provide in writing to the Employees concerned, employee/s concerned all relevant information about the proposed terminations termination/s including the reasons for the proposed terminationstermination/s, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations termination/s are likely to be carried out: . Provided that any Employer the employer shall not be required to disclose confidential information, information the disclosure of which would be adverse inimical to the Employeremployer's interests.
19.2 13.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in subclause 13.1 hereof the Employee employee shall be entitled to the same minimum period of notice of transfer as the Employee s/he would have been entitled to if the Employee's his/her employment had been terminated under clause 17.1.
(b) The Employer may, at and the Employer's option, employer will make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Workplace Agreement
Redundancy. 19.1 Consultation 17.1 Discussion before terminations termination
17.1.1 Where an Employer decides the employer has made a definite decision that the Employer it no longer wishes the job the Employee employee has been doing to be done by anyone, anyone and this is not due to the ordinary and customary turnover of labour, labor and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employees directly affected. affected and with the union.
17.1.2 The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) subclause 17.1.1 and shall cover the cover, amongst other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their and measures to mitigate any adverse effects of any terminations on the Employees employees concerned. .
17.1.3 For the purpose purposes of the consultation discussion, the Employer employer shall, as soon as practicable, provide in writing to the Employees concerned, employees concerned and the union all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely intended to be carried out: . Provided that any Employer the employer shall not be required to disclose confidential information, the disclosure of which would be adverse harmful to the Employeremployer's interests.
19.2 17.2 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in subclause17.1 .1, the Employee employee shall be entitled to the same period of notice of transfer as that the Employee employee would have been entitled to if the Employeeemployee's employment had been terminated under clause 17.1.
(b) The Employer terminated, and the employer may, at the Employeremployer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to pay the Employee ordinary time rates for the number of weeks of weeks' notice still owing.
(c) The amounts must 17.3 Severance pay In addition to the period of notice prescribed for ordinary termination in clause 16 and subject to further order of the Fair Work Commission, an employee whose employment is terminated for reasons set out in subclause 17.1.1 shall be worked out entitled to the following minimum amount of severance pay in respect of a continuous period of service: Severance pay for redundancy Period of continuous service Severance Pay 1 year of less 1 week's pay At least 1 year but less than 2 years 4 week’s pay Over 2 years 3 weeks per year of continuous service to a maximum on the basis of clause 17.426 weeks.
Appears in 1 contract
Samples: Enterprise Agreement
Redundancy. 19.1 Consultation Discussions before terminations termination
(a) Where an Employer decides employer has made a definite decision that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult hold discussions with the Employee employee directly affected. affected and where relevant, their Union.
(b) The consultation discussions shall take place as soon as it is practicable after the Employer employer has made a decision, definite decision which will invoke the provisions of clause 18.1(a) 4.10.1, and shall cover inter alia, the reasons for the proposed terminationstermination, measures to avoid or minimise the terminations and/or their and measures to avert or mitigate the adverse effects on of any terminations of the Employees employees concerned. .
(c) For the purpose of the consultation discussion the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and their Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer employer shall not be required to disclose confidential information, the disclosure of which would be adverse inimical to the Employer's employer’s interests.
19.2 4.10.1 Transfer to lower paid duties
(a) duties Where an Employee employee is transferred to lower paid other duties for reasons set out in clause 18.1 4.10.1, the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to pursuant to clause 4.10.2 if the Employee's employment had been terminated under clause 17.1.
(b) The Employer terminated, and the employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer would have been liable to ordinary time rate of pay and the new lower amount the Employer is liable to ordinary time rate of pay the Employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4.
Appears in 1 contract
Samples: Certified Agreement
Redundancy. 19.1 4.8.1 Consultation before terminations terminations
(a) Where an Employer employer decides that the Employer employer no longer wishes the job the Employee employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the Employer employer shall consult the Employee employee directly affected. affected and where relevant, their Union or Unions.
(b) The consultation shall take place as soon as it is practicable after the Employer employer has made a decision, which will invoke the provisions of clause 18.1(a4.8.1(a) and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse effects on the Employees employees concerned. .
(c) For the purpose of the consultation the Employer employer shall, as soon as practicable, provide in writing to the Employees concernedemployees concerned and, where relevant, their Union or Unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of Employees employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that any Employer an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the Employer's employer’s interests.
19.2 4.8.2 Transfer to lower paid duties
(a) Where an Employee employee is transferred to lower paid duties for reasons set out clause 18.1 in clause
4.8.1 the Employee employee shall be entitled to the same period of notice of transfer as the Employee employee would have been entitled to if the Employee's employee’s employment had been terminated under clause 17.14.6.
(b) The Employer employer may, at the Employer's employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the Employer employer would have been liable to pay and the new lower amount the Employer employer is liable to pay the Employee employee for the number of weeks of notice still owing.
(c) The amounts must be worked out on the basis of clause 17.4of:
(i) the ordinary working hours to be worked by the employee; and
(ii) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and
(iii) any other amounts payable under the employee’s employment contract.
Appears in 1 contract
Samples: Comprehensive Agreement