AN120192 – Electricians &c. (State) Award
11.1 Weekly Employment
11.1.1 Weekly Employment - Except as provided in subclause 11.3 of this clause, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
11.1.2 Termination of Employment
(a) Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wage as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 12, Redundancy, of this award.
(b) Where the employee has given or been given notice as aforesaid, he/she shall continue in his/her employment until the date of the expiration of such notice. An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.
(c) Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.
(d) Notwithstanding the provisions of paragraph (a) of this subclause the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.
11.2 Part-time Employment
11.2.1 An employee may be engaged on a part time basis. A part-time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.
11.2.2 A part-time employee is entitled to a minimum start per occasion of four continuous hours
11.2.3 A part-time employee will be paid ordinary rates for all work inside of their normal working hours as defined in their employment contract. Those normal working hours must not exceed 38 per week. All hours outside of the normal working hours are to be paid at overtime rates.
11.2.4 No employee to whom this award applies shall be transferred by his/her employer to part-time employment or terminated with a view to re-employment as a part-time employee without the consent of the employee.
11.2.5 Part-time employees shall in respect of ordinary hours of employment be paid at the rate per hour of one thirty eighth of the prescribed weekly rate for the appropriate classification.
11.2.6 Subject to this clause, all the provisions of this award shall apply to a part-time employee on a pro rata basis.
11.3 Casual Employment
11.3.1 Casual Employment - A casual employee is one engaged and paid as such.
11.3.2 Duration of Casual Employment - Except by mutual agreement between the employer and the employee a casual employee shall, after 2 weeks' employment, be deemed to be a weekly employee whose terms of employment shall forthwith be as prescribed by subclause 11.1 of this clause.
11.3.3 Casual Employment Additional Rate - A casual employee shall be paid 12 per centum of the weekly rate prescribed by clause 8, Wages Rates (except for paragraph 8.1(c) of the said clause 8) in addition to the weekly wage rate prescribed by this award for the work which he/she performs. The casual employment additional rate shall be paid for all purposes of the award.
11.3.4 Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.
11.4 General
11.4.1 Scope — This section shall have application to weekly and casual employees.
11.4.2 Absence from Duty — An employee (other than an employee who has given or received notice in accordance with this clause) not attending for duty shall except as provided by clauses 22, Sick Leave, 23, Personal/Carer's Leave, 24, Annual Leave and 25, Other Leave, lose his/her pay for the actual time of such non-attendance.
11.4.3 Standing Down of Employees — The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.
11.4.4 Abandonment of Employment
(a) The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.
(b) Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.
(c) Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
11.4.5 (1) Notwithstanding anything expressed or implied in this award or in Industrial Agreement No. 6493 and notwithstanding any term in the contract of employment of any employee, Australian Oil Refining Pty. Limited shall have the right to stand down for any period and shall be exempted from liability to pay any employee employed by the company hereunder, for any such period during which the employee, reasonably, cannot be given work by reason of:
(a) any strike, or any ban, limitation or restriction upon the performance of any work at the Kurnell refineries of the companies; or
(b) the shutdown of the Kurnell refineries of the aforesaid companies or any part thereof on or after 26 August 1982.
(2) Notwithstanding any provision of this award or in Industrial Agreement No. 6493 the standing down pursuant to this subclause of any employee shall be treated as not having broken the continuity of employment of that employee and the period or periods of stand-down shall not be considered a period of absence from duty for the purpose of any provision of any award or any industrial agreement providing for or in relation to annual leave or long service leave.
(3) Notwithstanding any other provision of any award or any industrial agreement any employee stood down pursuant to the provisions of paragraph (1) above shall be entitled to terminate his/her employment by giving one day’s notice of such termination or by forfeiting one day’s pay, and any such employee whose employment is terminated by his/her giving one day’s notice of such termination shall be regraded as having had his/her employment terminated by the company without default of the employee.
(4) For the purpose of these stand-down provisions “period” shall mean a part of a day, a day or more than a day as the case may be.
(5) Notwithstanding any other provision of any award or any industrial agreement:
(a) An employee who is required to attend for work on any day and who, pursuant to an award or an industrial agreement binding upon him, works on that day shall be paid his/her ordinary pay for the time worked or for four hours whichever be the greater; provided that if he/she works for not less than 75 per cent of the ordinary hours for the day, he/she shall be paid his/her ordinary pay for a full day; and
(b) an employee who is required to attend for work on any day and who attends and who, pursuant to these stand-down provisions, is not required to work shall be paid for that day his/her ordinary pay for two hours plus the sum of $1.00.
(6) These stand-down provisions shall not affect the right of the company to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only. These stand-down provisions shall not affect the right of the company not to pay an employee who is not ready, willing and able to perform the service for which he/she has contracted in accordance with the lawful and reasonable directions of
the company.
(7) An employee who, pursuant to these provisions is not required to work for any period shall be deemed to have worked for the period for all purposes related to leave of any kind whether prescribed by any Act or award or industrial agreement or other wise or related to entitlement to any holiday, prescribed by any award or industrial agreement, provided that an employee who by this clause is deemed to have worked on a public holiday shall be paid at ordinary time for such day or days.
(8) An employee shall not be a part-time employee or a casual employee merely by reason of not being required to work for any period pursuant to these provisions.
(9) An employee to whom the company proposes to apply these stand-down provisions may elect to take any period of an annual holiday in lieu of being stood down. Provided that this clause shall be read and construed subject to the provisions of the Annual Holidays Act 1944 to the intent that any provision of this clause inconsistent with any provision of that Act shall be deemed to be of no force and effect.
(10) Where the usual pay day of an employee to whom these stand-down provisions are applied occurs during any period when the employee is stood down the employer may postpone that pay day of such employee to the next day on which the employee works, unless the employee, while so stood down, elects to attend on the relevant usual pay day the place where he/she is usually paid.
(11) The company shall daily make and preserve and keep a true and accurate record of the name of each employee to whom the company applies these stand-down provisions and of the days and times when the employee was, because of the said application of those provisions, not required to work, and shall make such record available for inspection by the secretary of the industrial union concerned at an time that is reasonable in the circumstances.
(12) Leave is reserved to the company and to an industrial union of employees whose member or members, being an employee or employees of the company, is or are affected by the provisions f this clause, to apply at any time in respect of the provisions of this clause.
