AN150029 – Carpenters & Joiners (General) Award 1993
#OPDATE 14:01:93 1st pp on or after
(A) It is hereby declared that from and after the date of commencement of the operation of this award, the contract of hiring of every employee bound by this award shall in the absence of an express contract to the contrary be deemed to be a hiring by the week.
(B) Termination of Employment
(1) Notice of Termination by Employer
(i) In order to terminate the employment of an employee the employer shall give the employee the following notice:
Period of Continuous Service |
Period of Notice |
Less than 1 year |
1 Week |
1 year and less than 3 years |
2 weeks |
3 years and less than 5 years |
3 weeks |
5 years and over |
4 weeks |
(ii) In addition to the notice in sub-paragraph (i) above, employees over forty five years of age at the time of the giving of notice with not less than two year's continuous service shall be entitled to additional notice of one week.
(iii) Payment in lieu of the notice prescribed in sub- paragraphs (i) and/or (ii) hereof shall be made if the appropriate notice of period is not given. Provided that employment may be determined by part of the period of notice specified and part payment in lieu thereof.
(iv) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice had his or her employment not been terminated by part of the period of notice specified and part payment in lieu thereof.
(v) The period of notice in this clause shall not apply in the case of dismissal for conduct that at common law justifies instant dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.
(vi) For the purpose of this clause only, continuity of service does not include service prior to 2nd December,1991.
(2) Notice of Termination by Employees
In order to terminate employment an employee shall give the employer the following notice:
Period of Continuous Service |
Period of Notice |
Less than 1 year |
1 week |
1 year and over |
2 weeks |
(3) Time Off during Notice Period
Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
(4) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.
(5) Payment in Lieu
If an employer makes payments in lieu for all or any of the period of notice prescribed, then the period for which such payment is made shall be treated as service for the purposes of computing any service related entitlement of the employee arising pursuant to this Award.
(C) Continuity of Service
(1) Continuity of Service
For the purpose of Clauses 27, 28, 29 and 29A of this Award, "Service" means continuous service, but an employee's service shall be deemed for the purpose of calculating the length of continuous service to have been continuous not withstanding:
(a) absence of the employee from work in accordance with the contract of employment;
(b) absence of the employee from work for any cause by leave off the employer;
(c) absence of the employee from work on account of illness, disease or injury;
(d) interruption or termination of the employee's service by any act or omission of the employer with the intention of avoiding any obligation imposed by this Award or by the Long Service Leave Act;
(e) interruption or termination of the employee's service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute or was re- employed by the employer upon such settlement; and
(f) interruption or termination of the employee's service by the employer for any reason other than those referred to in sub-paragraphs (e) and (f) of this paragraph if the worker returns to the service of, or is re-employed by the employer within two months of the date on which the service was interrupted or terminated.
(2) Service with Two or More Corporations
Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related to each other within the meaning of Section 7 (5) of the Uniform Companies Code 1981, the service of the employee with each such Corporation shall be included in the calculation of the employee's continuous service for the purpose of determining the employee's entitlements pursuant to Clauses 27, 28, 29 and 29A.
