AN120196 – Engine Drivers General (State) Award
14.1 Except as provided by clause 17, Casual Labour, employment shall be by the week. An employee to become entitled to payment on a weekly basis shall except as provided by clause 25, Mixed Functions, perform such work as the management shall from time to time require on the days and during the hours usually worked by the class of employees affected.
14.2 An employee not attending for duty shall, except as provided by clause 27, Sick Leave, lose their pay for the actual time of such non-attendance.
14.3 TERMINATION OF EMPLOYMENT
(a) Employment shall be terminated by a week's notice on either side, such notice to be given at any time during the week or by the payment or forfeiture of a week's wages as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 38 Redundancy and Technological Change.
(b) Nothing in this clause shall not affect the right of the management to
(i) dismiss any employee without notice for malingering, inefficiency, neglect of duty, or misconduct, and in such cases wages shall be paid up to the time of dismissal only, or
(ii) to deduct payment for any day the employee cannot be usefully employed because of any strike by the applicant union (of employees) or any other union or through any breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.
(c) Provided that where an employer orders employees not to work on any day because of the state of the weather such order shall not deprive the employees of their claim for payment under their weekly engagements, but if such employees cease work in any day because of the state of the weather without being ordered to do so they shall not be entitled to payment for time so lost.
14.4 (a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.
(b) An employer may direct an employee to carry out duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
(c) Any direction issued by an employer pursuant to 14.1 or 14.2 shall be consistent with the employer's responsibility to provide a safe and healthy working environment.
