AN160140 – Gate, Fence and Frames Manufacturing Award
(1) (a) A contract of service may be terminated in accordance with the provisions of this clause and not otherwise, but this subclause does not operate so as to prevent any party to a contract from giving a greater period of notice than is hereinafter prescribed, nor to affect an employer's right to dismiss an employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, and an employee so dismissed shall be paid for the time worked up to the time of dismissal only.
(b) Subject to the provisions of this clause, a party to a contract of service may, on any day, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (2) of this clause and the contract terminates when that period expires.
(2) Notice of Termination by Employer:
(a) In order to terminate the employment of an employee (other than a casual employee) the employer shall give the employee the following notice:-
Period of Continuous Service |
Period of Notice |
During the first month |
One day |
More than one month but less than one year |
One week |
One year but less than three years |
Two weeks |
Three years but less than five years |
Three weeks |
Five years and over |
Four weeks |
(b) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed two years' continuous service with the employer, shall be entitled to one week's notice in addition to the notice prescribed in paragraph (a) of this subclause.
(c) Payment in lieu of the notice prescribed in paragraphs (a) and (b) of this subclause 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.
(d) In calculating any payment in lieu of notice, the employer shall pay the employee the ordinary wages for the period of notice had the employment not been terminated.
(e) The period of notice in this subclause shall not apply in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
(f) (i) For the purpose of this clause continuity of service shall not be broken on account of -
(aa) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;
(bb) any absence from work on account of personal sickness or accident for which an employee is entitled to claim sick pay as prescribed by this award or on account of leave lawfully granted by the employer; or
(cc) any absence with reasonable cause, proof whereof shall be upon the employee.
Provided that in the calculation of continuous service under this subclause any time in respect of which an employee is absent from work, except time for which an employee is entitled to claim annual leave, sick pay, long service leave and public holidays as prescribed by this award, shall not count as time worked.
(ii) Service by the employee with a business which has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave Provisions published in Volume 66 of the Western Australian Industrial Gazette at pages one to four shall also constitute continuous service for the purpose of this clause.
(3) Notice of Termination by Employee:
(a) The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.
(b) If an employee fails to give the required notice or having given, or been given, such notice leaves before the notice expires, the employee forfeits the entitlement to any money owing to the employee under this award except to the extent that such money exceeds the ordinary wages for the required period of notice.
(4) Time Off During Notice Period:
Where an employer has given notice of termination to an employee who has completed one month's continuous service, that employee shall, for the purpose of seeking other employment, be entitled to be absent from work up to a maximum of eight ordinary hours without deduction of pay. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
Provided that this subclause shall not apply to a casual employee.
(5) Statement of Employment:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification or the type of work performed by the employee.
(6) Notification on Engagement:
On the first day of engagement an employee shall be notified by his employer, or by the employer's representative, whether the duration of his employment is expected to exceed one month and, if he is hired as a casual employee, he shall be advised accordingly.
(7) Casual Employees:
(a) (i) The period of notice of termination in the case of a casual employee shall be one hour.
(ii) If the required notice of termination is not given, one hour's wages shall be paid by the employer or forfeited by the employee.
(b) An employee shall, for the purposes of this award, be deemed to be a casual employee -
(i) if the expected duration of the employment is less than one month; or
(ii) if the notification referred to in subclause (6) of this clause is not given and the employee is dismissed through no fault of his own within one month of commencing employment.
(8) Absence From Duty:
The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present himself for duty, except when such absence is due to illness and comes within the provisions of Clause 11. - Absence Through Sickness of this award, or such absence is on account of holidays to which the employee is entitled under the provisions of this award.
(9) Standing Down of Employees:
(a) (i) The employer is entitled to deduct payment for any day or part of a day which an employee (including an apprentice) cannot be usefully employed because of industrial action by any of the unions party to this award, or by any other association or union.
(ii) If an employee is required to attend for work on any day but because of failure or shortage of electric power, work is not provided, such employee shall be entitled to two hours' pay and further, where any employee commences work he/she shall be provided with four hours' employment or be paid for four hours work.
(b) The provisions of paragraph (a) of this subclause also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that the employer and the union so agree or, in the event of disagreement, the Board of Reference so determines.
(c) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Board of Reference, in determining a dispute under paragraph (b) of this subclause, shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown
