AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) Engagement
(a) At the commencement of employment an employee shall be advised of their status which shall be:
(i) Full-time; or
(ii) Part-time; or
(iii) Casual
(b) An employee, other than a casual employee, may be engaged subject to a probationary period not exceeding eight weeks. Subject to subclause (2) of this clause during a probationary period an employee shall not be entitled to notice or be required to give notice to terminate the employment contract. The probationary period may be extended for a specified period not exceeding eight weeks, provided the employer advises the employee in writing of the new expiry date of probation and the reasons for the extension.
(c) The employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training and to use such equipment as may be required, provided that the employee has been properly trained in the safe use of such equipment.
(2) Termination
(a) An employee’s employment may be terminated by either party giving notice in accordance with paragraph (b) of this subclause except:
(i) in the case of misconduct justifying instant dismissal; or
(ii) in the case of a casual employee; or
(iii) in the case of a probationary employee, unless the employee has commenced a shift in which case notice shall be to the end of the rostered shift
(b) (i) An employee wishing to terminate their employment shall give to the employer notice of one week. By agreement, the requirement for the employee to give notice may be waived.
(ii) An employee’s employment may be terminated at the initiative of the employer by the giving of notice or payment in lieu of notice in accordance with the table below.
Employee's period of continuous service with the employer |
Period of notice |
Not more than 1 year |
At least 1 week |
More than 1 year, but not more than 3 years |
At least 2 weeks |
More than 3 years, but not more than 5 years |
At least 3 weeks |
More than 5 years |
At least 4 weeks |
The period of notice is increased by one week if the employee is over 45 years old and has completed at least 2 years continuous service with the employer and it is the employer’s decision to terminate the employment contract.
(iii) Payment in lieu of notice must be calculated on the basis of:
(aa) the employee’s ordinary hours of work; and
(bb) the amounts payable to the employee in respect of those hours, including (for example) allowances, loadings and penalties.
(iv) If an employee fails to give the required notice, or having given or been given the required notice, leaves before the end of the notice period, the employee shall forfeit or pay to the employer an amount equivalent to the wages for the period of notice not worked.
(v) Nothing in this clause affects the employer’s right to dismiss an employee without notice for serious misconduct and an employee so dismissed shall only be entitled to be paid for the time worked up to the time of dismissal.
(c) The employment of a casual employee shall be brought to an end by the giving of one hour’s notice by either party.
(3) Variation of terms
A part-time employee may, by agreement vary their specified hours without notice provided that:
(a) the ordinary hours in any one shift shall not exceed the maximum number of hours normally worked in a single shift in that business; and
(b) the number of ordinary hours in any one week does not exceed the hours specified in Clause 8. - Hours.
(4) General conditions
(a) The employer shall be under no obligation to pay for any day not worked upon which an employee is required to present for duty, except when such absence from work is due to an entitlement to paid leave prescribed by this award.
(b) (i) The employer is entitled to deduct payment for any day or part of a day upon which an employee cannot be usefully employed because of a strike, or any limitation placed upon work by the union party to this award or any other association or union.
(ii) The provisions of paragraph (b)(i) 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.
(iii) 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)(ii) of this subclause, shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.
