AN160133 – Foremen (Building Trades) Award 1991
(1) Definitions
(a) “Redundancy” means a situation where a foreman ceases to be employed by an employer, respondent to this award, other than for reasons of misconduct or refusal of duty.
(b) “Redundant” has a corresponding meaning.
(c) “Continuous Service” for the purposes of this clause means all service of the foreman with his or her employer and shall include a foreman’s absence from work for any of the following reasons:
(i) Paid sick leave;
(ii) Paid annual leave;
(iii) Long service leave;
(iv) Bereavement leave;
(v) Public holidays;
(vi) Jury service;
(vii) Where called up for military service for up to 3 months in any qualifying 12 month period;
(viii) Injury received during the course of employment for and up to a maximum of 26 weeks for which he/she received workers’ compensation; and
(ix) Any reason satisfactory to the employer. In the event of dispute, the matter may be referred to the Western Australian Industrial Relations Commission.
Provided that service by the foreman with a business which has been transmitted from one employer to another and the foreman’s service has been deemed continuous in accordance with paragraph (3) of subclause (2) of the Long Service Leave Provisions published in Volume 73 of the Western Australian Industrial Gazette at pages 1-4 shall also constitute continuous service for the purpose of this clause.
(d) “Weeks Pay” means the ordinary time rate of pay at the time of termination for the foreman concerned.
Provided that redundancy entitlements may be accumulated for a foreman when he/she is transferred to other work with the employer at the completion of a project or job. When redundancy is finally effected redundancy payments will be calculated and paid in line with the employee’s previous classification of foreman.
(2) Discussions to Precede Redundancy
Where an employer has decided to make a foreman redundant, the foreman shall be entitled to be informed, by the employer, as soon as reasonably practicable after the decision has been made to effect the redundancy. The foreman shall be entitled to discuss with the employer the likely effects of the redundancy in respect of him or her.
(3) Redundancy Pay
A redundant foreman shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined in this Clause) with his or her employer provided that any service prior to 8 September 1994 shall not be counted as service for the purposes of this clause.
PERIOD OF CONTINUOUS SERVICE WITH AN EMPLOYER |
REDUNDANCY/SEVERANCE PAY |
1 year or more but less than 2 years |
2.4 weeks pay plus, for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay. |
2 years or more but less than 3 years |
4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay. |
3 years or more but less than 4 years |
7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay. |
4 years or more |
8 weeks pay |
Provided that a foreman employed for less than twelve (12) months shall be entitled to a redundancy/severance payment of 1.75 hours per completed week of service if, and only if, redundancy is occasioned otherwise than by the foreman.
(4) Fund
An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:
(a) payments made by a fund designed to meet an employer’s liabilities under this clause, to a foreman eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the foreman shall receive the fund payment or the award benefit whichever is the greater but not both; or
(b) where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of a foreman to the fund shall, to the extend of those contributions, be set off against the liability of the employer under this clause, and payments to the foreman shall be made in accordance with the rules of the fund or any agreement relating thereto and the foreman shall be entitled to the fund benefit or the award benefit whichever is the greater but not both.
(5) Foreman Leaving During Notice
A foreman whose employment is to be terminated in accordance with subclause (1)(a) of this clause may terminate his or her employment during the period of notice and if this occurs, shall be entitled to the provisions of this clause as if the foreman remains with the employer until expiry of such notice. Provided that in such circumstances, the foreman shall not be entitled to payment in lieu of notice.
(6) Leave for Job Interviews
(a) A foreman who has been informed that he or she has been, or will be, made redundant is entitled to paid leave of up to 8 hours for the purpose of being interviewed for further employment.
(b) The 8 hours need not be consecutive.
(c) A foreman who claims to be entitled to paid leave under paragraph (a) above is to provide to the employer evidence that would satisfy a reasonable person of the entitlement.
(7) Disputes Settling Procedure
Any dispute in relation to this clause may be referred to the Western Australian Industrial Relations Commission.
