AN120012 – Aged Care Industry (Broken Hill) Award

AN120012 – Aged Care Industry (Broken Hill) Award

29. REDUNDANCY

(a) Application-

(i) This clause shall apply in respect of full time employed under this Award; and

(ii) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of this clause.

(iii) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one years continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(b) Introduction of Change- Employers duty to notify-

(i) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers work force or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where this clause makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(i) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (b) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(ii) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause (b) of this clause.

(iii) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(d) Discussions Before Terminations-

(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (i) of subclause (b), and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (i) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of 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 not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(e) Notice for Changes in Production, Programme, Organisation or Structure-

This subclause sets out the provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with paragraph (i) of subclause (b) of this clause.

(i) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

Period of continuous service	Period of notice

Less than 1 year	1 week
1 year and less than 3	2 weeks
3 years and less than 5	3 weeks
5 years and over	4 weeks

(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

(iii) Payment in lieu of the notice above shall be made if the appropriate period of notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(f) Notice for Technological Change-

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (b) of this clause.

(i) onths notice of termination.

(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(iii) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(g) Transmission of business

(i) 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") 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:

(1) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(2) 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.

(ii) In this subclause "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.

(h) Time Off During the 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, up to a maximum of five days off, for the purposes 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 the employee shall not receive payment for the time absent.

(i) Employees Leaving During the Notice Period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(j) Statement of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provided to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(k) Notice to Centrelink

Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify the Centrelink as soon as possible giving the relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(l) Centrelink Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by CentreLink.

(m) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in subclause (b) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employees employment had been terminated, and the employer may at the employers option, make payment in lieu thereof, an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

(n) Severance Pay

Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(i) If an employee is under 45 years of age, the employer 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	4 weeks
2 years and less than 3	7 weeks
3 years and less than 4	10 weeks
4 years and less than 5	12 weeks
5 years and less than 6	14 weeks
6 years and over	16 weeks

(ii) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and Over Entitlement

Less than 1 year	Nil
1 year and less than 2	5 weeks
2 years and less than 3	8.75 weeks
3 years and less than 4	12.5 weeks
4 years and less than 5	15 weeks
5 years and less than 6	17.5 weeks
6 years and over	20 weeks

(iii) "Weeks Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and work related allowances, paid in accordance with this Award.

(o) Incapacity to Pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (m) of this clause.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (m) will have on the employer.

(p) Alternative Employment