AN160141 – Gold Mining Consolidated Award 1980
(1) (a) The contract of service for employees covered by this Award shall, where expressly agreed between the employer and employee on commencement of employment, be by the day, week or longer.
(b) In the absence of such agreement, the contract of service shall be by the week.
(2) (a) Except for casual employees, employment may be terminated by either the employer or the employee giving the other one week's notice of termination.
(b) Notice may be given at any time during the week. Payment or forfeiture of wages, based on the employee's ordinary weekly hours, may be made or may occur in lieu of the employee working the period of notice.
(c) By agreement the employer and employee may terminate the employment contract by a shorter notice period without penalty.
(d) The period of termination in the case of an employee engaged as a casual shall be one hour. If notice is not given, one hour's pay shall be paid to the employee by the employer, or forfeited by the employee, whichever the case may be.
(3) The employer may dismiss an employee without notice for misconduct, and in such cases, wages shall be paid up to the time of dismissal only.
(4) It is a condition of employment that employees perform such work as the employer requires from time to time and on the days and during the hours usually worked by the employee.
(5) Employees will perform all work within their skill, competence and training in accordance with the classification structure, definitions and shift rosters.
(6) Employees will work reasonable overtime in addition to the rostered hours of duty as required by the employer.
(7) A continuous shift employee not relieved as scheduled at the end of a shift shall continue to work until relieved or otherwise authorised by the employer to finish work provided that the employee will not be required to work unreasonable overtime.
(8) The parties shall comply at all times with Clause 46 -Resolution of Grievances and Disputes Procedure.
(9) Except as provided by this Award, an employee not attending for duty will not be paid.
(10) An employee absent from work for four consecutive rostered working days, without notification to, and approval of, the employer shall be deemed to have abandoned that employee's employment.
(11) (a) The employer may deduct payment for any day an employee cannot be usefully employed arising out of any cessation of operations, either wholly or partially due to industrial disputes, including any strike, ban or limitation or arising out of any cause outside the control of the employer.
(b) When an employee cannot be usefully employed arising out of a cause outside the control of the employer, the employer will make efforts to find alternative work for any employee so affected, or allow the employee to take annual leave.
(12) The employer has the right to suspend an employee without pay as a disciplinary measure.
(13) Employees may be engaged in any of the following ways:
(a) Full time: to work on a regular basis for an average of forty hours per week (excluding overtime).
(b) Part time:
(i) a part time employee is engaged to work on a regular basis for less than forty hours per week on average.
(ii) a part-time employee will be paid per hour one fortieth of the weekly rate prescribed in the appropriate wage schedule to this Award and applicable allowances contained in this Award.
(iii) Entitlements to authorised leave of absence under this Award will be pro rata in proportion to the hours worked in a week, by the part-time employee, as to the full-time weekly hours.
(c) Temporary: to work on a full-time or part-time basis for a limited or specified period of employment.
(d) Casual:
(i) A casual employee is engaged and paid as such.
(ii) An employee engaged as a casual in any of the classifications set out in this Award shall be paid 120% of the ordinary forty hour earnings for the relevant classification.
(iii) The additional amount of 20% referred to in sub-clause (ii) above shall be paid in lieu of all leave otherwise allowed to employees under this Award and payment shall only be made for work actually performed.
(14) (a) An employee, engaged in a full-time, part-time or temporary employment capacity shall serve a three (3) month probationary period of employment.
(b) The employer may, without having to provide any reasons for doing so, terminate an employee's contract of employment during the probationary period by giving the employee one day's notice or payment in lieu thereof.
