AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) Discussions Before Terminations
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the union.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision that would invoke the provisions of paragraph (1)(a) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse affect of any terminations on the employees concerned.
(c) For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and the union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.
(2) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in paragraph (1)(a) hereof the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.
(3) Severance Pay
(a) In addition to the period of notice prescribed for ordinary termination in Clause 7. – Contract of Service subclause (2), and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in paragraph (1)(a) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service.
PERIOD OF CONTINUOUS SERVICE |
SEVERANCE PAY |
1 year or less |
Nil |
1 year and up to the completion of 2 years |
4 weeks |
2 years and up to the completion of 3 years |
6 weeks |
3 years and up to the completion of 4 years |
7 weeks |
4 years and over |
8 weeks |
“Week’s Pay” means the rate of pay prescribed for work in ordinary time, including work on Saturdays, Sundays and Public Holidays, according to the employee’s roster or projected roster.
(4) Employee Leaving During Notice
An employee whose employment is terminated for reasons set out in subclause (1)(a) hereof, may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(5) Alternative Employment
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
(6) Time Off During Notice Period
(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
(7) Notice to Commonwealth Employment Service
Where a decision has been made to terminate employees in the circumstances outlined in paragraph (1)(a) hereof, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(8) Superannuation Benefit
Subject to an order of the Commission, where an employee who is terminated receives a benefit from a superannuation scheme, he or she shall only receive under subclause (3) hereof the difference between the severance pay specified in that subclause and the amount of the superannuation benefit he or she receives, that is attributable to employer contributions only.
If the superannuation benefit is equal to, or greater than the amount due under subclause (3) hereof then he or she shall receive no payment under that subclause.
“Superannuation Scheme” in this subclause, shall mean a scheme other than one implemented solely for purposes of compliance with Clause 15. – Superannuation of this award or an Order of the Western Australian Industrial Relations Commission.
(9) Transmission of Business
(a) Where, before or after the date of this award, a business is transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called “the transmittee”), an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
(i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
(b) In this subclause “business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
(10) Employees With Less Than One Year’s Service
This clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(11) Employers Exempted
Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.
(12) Employees Exempted
This clause shall not apply where employment is terminated as a consequence of misconduct justifying instant dismissal, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.
(13) Incapacity to Pay
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.
