DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—plain language re-drafting—standard clauses
(AM2016/15)

COAL EXPORT TERMINALS AWARD 2010
[MA000045]


Coal export terminals
JUSTICE ROSS, PRESIDENT VICE PRESIDENT HATCHER COMMISSIONER HUNT	MELBOURNE, 20 AUGUST 2019

4 yearly review of modern awards—plain language re-drafting—standard clauses—Coal Export Terminals Award 2010.

A. Further to the Full Bench decision [[2019] FWCFB 5409], 1 issued by the Fair Work Commission on 20 August 2019, the above award is varied as follows:

1. By deleting clause 12 and inserting the following:

12. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

12.1 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 12 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

12.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of paragraph (b).

(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clauses 11.2 and 11.3.

2. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 30 August 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 30 August 2019.

PRESIDENT

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