AP782505CR - Graphics Arts - General - Award 2000
4.2.1 Termination of employment
4.2.1(a) In order to terminate the employment of a full-time or part-time employee the employer must give to the employee the notice specified in the table below:
Period of continuous service |
Period of notice |
Up to 1 year |
1 week |
Over 1 year and up to the completion of 3 years |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
Over 5 years |
4 weeks |
4.2.1(a)(i) For the purposes of this sub-clause, continuity of service must be calculated in the manner prescribed in 7.1 - Annual leave.
4.2.1(b) In addition to this notice, employees over 45 years of age at the time of giving notice with not less than two years continuous service, are entitled to an additional week’s notice.
4.2.1(c) Payment in lieu of notice will be made if the employer does not require the appropriate notice period to be worked. Employment may be terminated by the employee working part of the required period of notice and the employer making payment for the remainder of the period of notice.
[4.2.1(d) substituted by PR947661 from 08Jun04]
4.2.1(d) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:
4.2.1(d)(i) the employee’s ordinary hours of work (even if not standard hours); and
4.2.1(d)(ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
4.2.1(d)(iii) any other amounts payable under the employee’s contract of employment.
[4.2.1(e) substituted by PR947661 from 08Jun04]
4.2.1(e) The period of notice in this clause does not apply:
4.1.2(e)(i) in the case of dismissal for serious misconduct;
4.1.2(e)(ii) to apprentices;
4.1.2(e)(iii) to employees engaged for a specific period of time or for a specific task or tasks;
4.1.2(e)(iv) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
4.1.2(e)(v) to casual employees.
[4.2.1(f) inserted by PR947661 from 08Jun04]
4.2.1(f) Transmission of business
Where a business is transmitted from one employer to another, as set out in 4.2.5, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
4.2.2 Notice of termination by an employee
4.2.2(a) The notice of termination required to be given by an employee must be the same as that required of an employer, except that there is no requirement on the employee to give the additional notice based on the age of the employee concerned.
[4.2.2(b) substituted by PR947661 from 08Jun04]
4.2.2(b) If an employee fails to give the notice set out in 4.2.1(a) then the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 4.2.1(d)
4.2.3 Notice to commence
Notice may be given on any day of the week and such notice or payment in lieu of notice will be additional to any annual leave loading payable to the employee under 7.1 of this award. Notice given at or before the commencement of any day work or shift work will commence to run from the beginning of such day or shift and notice given after the commencement of day work or shift work will not begin to run until the commencement of the next succeeding day or shift.
4.2.4 Job search entitlement
[4.2.4 title changed from Time off during notice period by PR947661 from 08Jun04]
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off must be taken at times that are convenient to the employee after consultation with the employer.
[4.2.5(a) substituted by PR947661 from 08Jun04]
4.2.5(a) Definitions
4.2.5(a)(i) Business includes trade, process, business or occupation and includes part of any such business.
4.2.5(a)(ii) Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone 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.
4.2.5(a)(iii) Small employer means an employer which employs fewer than 15 employees.
4.2.5(a)(iv) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
4.2.5(a)(v) Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:
4.2.5(b) Transmission of business
[4.2.5(b) substituted by PR947661 from 08Jun04]
4.2.5(b)(i) The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an
employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
4.2.5(b)(i)(A) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
4.2.5(b)(i)(B) Where the employee rejects an offer of employment with the transmittee:
4.2.5(b)(ii) The Commission may vary 4.2.5(b)(i) if it is satisfied that this provision would operate unfairly in a particular case.
4.2.5(c) Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option, make payment in lieu of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate for the number of weeks of notice still owing.
4.2.5(d) Severance pay
[4.2.5(d)(i) substituted by PR947661 from 08Jun04]
4.2.5(d)(i) Severance pay - other than employees of a small employer
An employee, other than an employee of a small employer as defined in 4.2.5(a),, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Period of continuous service |
Severance pay |
Less than 1 year |
Nil |
1 year and less than 2 years |
4 weeks’ pay* |
2 years and less than 3 years |
6 weeks’ pay |
3 years and less than 4 years |
7 weeks’ pay |
4 years and less than 5 yeas |
8 weeks’ pay |
5 years and less than 6 years |
10 weeks’ pay |
6 years and less than 7 years |
11 weeks’ pay |
7 years and less than 8 years |
13 weeks’ pay |
8 years and less than 9 years |
14 weeks’ pay |
9 years and less than 10 years |
16 weeks’ pay |
10 years and over |
12 weeks’ pay |
* Week’s pay is defined in 4.2.5(a).
4.2.5(d)(ii) Severance pay - employees of a small employer
An employee of a small employer as defined in 4.2.5(a) whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Period of continuous service |
Severance pay |
Less than 1 year |
Nil |
1 year and less than 2 years |
4 weeks’ pay* |
2 years and less than 3 years |
6 weeks’ pay |
3 years and less than 4 years |
7 weeks’ pay |
4 years and over |
8 weeks’ pay |
* Week’s pay is defined in 4.2.5(a).
4.2.5(d)(iii) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
4.2.5(d)(iv) Continuity of service shall be calculated in the manner prescribed by clause 7.1 - Annual leave. Provided that service prior to 8 June 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 4.2.5(d)(ii).
4.2.5(d)(v) Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].
4.2.5(e) Employee leaving during notice period
[4.2.5(e) substituted by PR947661 from 08Jun04]
An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in 4.2.1. In this circumstance the employer will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.
4.2.5(f) Job search entitlement
[4.2.5(f) Time off during notice period title changed by PR947661 from 08Jun04]
[4.2.5(f)(i) substituted by PR947661 from 08Jun04]
4.2.5(f)(i) During the period of notice of termination given by the employer in accordance with 4.2.1(a) an employee will 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.
4.2.5(f)(ii) If an employee has been allowed paid leave for more than one 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.
[4.2.5(f)(iii) inserted by PR947661 from 08Jun04]
4.2.5(f)(iii) The job search entitlements under this subclause apply in lieu of the provisions of 4.2.4.
4.2.5(g) Alternative employment
[4.2.5(g) renumbered as 4.2.5(g)(i) by PR947661 from 08Jun04]
4.2.5(g)(i) An employer, in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable suitable alternative employment for an employee.
[4.2.5(g)(ii) inserted by PR947661 from 08Jun04]
4.2.5(g)(ii) This provision does not apply in circumstances involving transmission of business as set out in 4.2.5(b).
4.2.5(h) Employees exempted
[4.2.5(h) substituted by PR947661 from 08Jun04]
This clause does not apply to:
4.2.5(i) Incapacity to pay
[4.2.5(i) substituted by PR947661 from 08Jun04]
The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.
4.2.6 Abandonment of employment
4.2.6(a) The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer is prima facie evidence of abandonment of employment by the employee.
4.2.6(b) Provided that if within a period of fourteen days from the last attendance at work or date of the last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of the employer that the employee was absent for a reasonable cause, the employee’s employment will be deemed to have been abandoned.
4.2.6(c) Termination of employment by abandonment in accordance with this subclause will operate as from the date of the last attendance at work, or the date of the last day’s absence for which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is later.
4.2.7 Stand down of employees
4.2.7(a) An employer may deduct payment for any time an employee of that employer cannot usefully be employed because of any strike of a union, party to this award, or any other union, or through any breakdown of machinery or any stoppage of work for any cause for which the employer cannot be held responsible.
4.2.7(b) In the event of work being temporarily stopped by a breakdown of machinery, or by any cause for which the employer cannot be held responsible, and the employee having lost at least two days pay, the employee may inform the employer of their intention to terminate their employment, whereupon the employment will be terminated without the employee being required to give the appropriate notice set out in 4.2.2 and such monies as are due under this award will be paid by the employer.
