AP765516 - Airline Operations (Qantas Airways Limited) Award 1999
17.1 Redundancy pay entitlement
If the Company has made a definite decision that it no longer wishes the job an employee had been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision leads to the termination of employment of the employee, the employee is entitled to the following amount of severance pay in respect of the period of service.
17.2 Period of notice required
If an employee has completed at least one year's service with the Company and his or her employment is terminated by reason of redundancy, the employee must be given the following period of notice in lieu of the period of notice provided for in clause 16 – Termination of employment:
Completed years of service |
Notice |
1 - 4 years |
4 weeks |
5 - 9 years |
8 weeks |
10 years and above |
12 weeks |
17.3 Redundancy pay
If an employee's employment is terminated by reason of redundancy, the employee is entitled to the following amount of redundancy pay on termination:
Period of service |
Redundancy pay |
Up to two years service |
4 weeks' pay |
From 2 years to 5 years service |
2 weeks' pay for each year of service |
6 years and over |
10 weeks' pay plus 3 weeks' pay for each year of service over 5 years |
17.3.1 Weeks pay means the rate of pay referred to in 19.1.
17.3.2 The employee is also entitled to pro rata payment for each additional completed month of service.
17.3.3 Redundancy pay must not exceed the amount payable to the employee had the employee remained in the employ of the Company until the employee's normal retirement date.
17.4 Transmission of business
17.4.1 If a business is, before or after the date of this award, transmitted from the Company (in this subclause called the transmittor) to another employer (in this subclause the transmittee) and an employee who at the time of such transmission in that business becomes an employee of the transmittee:
17.4.1(a) the continuity of the employment of the employee is deemed not to have been broken by reason of such transmission; and
17.4.1(b) the period of employment which the employee has had with the transmittor or any prior transmittor is deemed to be service with the transmittee.
17.4.2 In this sub-clause 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.
17.5 Annual leave
Annual leave loading must be paid on pro rata leave due on the date of termination.
17.6 Long service leave
Pro rata long service leave must be paid to employees with more than twelve months' continuous service.
17.7 Superannuation
Employees are entitled to payment for superannuation as per their current plan entitlements.
17.8 Alternative employment
The Company, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the Company obtains acceptable alternative employment for the employee.
17.9 Employees exempted
This clause does not apply:
17.10 Employee leaving during the notice period
An employee whose employment is terminated for reasons set out in 17.1 may terminate his or her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the Company until the expiry of the notice. In such cases, the employee will not be entitled to payment in lieu of notice.
17.11 Time off during notice period
17.11.1 During the period of notice of termination given by the Company an employee must 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.
17.11.2 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 must, at the request of the Company, be required to produce proof of attendance at an interview they will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
17.12 Travel
An eligible employee is allowed one rebated trip within twelve months of retrenchment. If appropriate the employee is allowed to take accrued long service trips within three months of termination.
17.13 Transfer
If the Company offers and the redundant employee accepts a transfer interstate to a position within the Company, he or she is entitled to payment of removal expenses and allowances as prescribed in Company's policy manuals.
