AP765516 - Airline Operations (Qantas Airways Limited) Award 1999
18.1 Deduction from wages during a strike or stoppage.
18.1.1 Subject to the following, the Company may deduct payment for any day an employee cannot be usefully employed because of a strike or stoppage of work through any cause for which the Company cannot reasonably be held responsible.
18.1.2 When the Company proposes to stand down an employee, it must notify the employee. During the period such notification remains in force the employee is deemed to be stood down for the purpose of this subclause.
18.1.3 An employee who is stood down must be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such standing down.
18.1.4 An employee who is stood down may, at any time during the period he or she is stood down, terminate his or her employment without notice and is entitled to receive from the Company as soon as practicable any moneys due to him or her at the time of termination. The day on which the employee exercises the right of termination without notice is deemed to be the day on which the employment is terminated.
18.1.5 An employee whose employment is terminated under 18.1.4 must, for all purposes other than payment in lieu of notice, be treated as if his or her employment had been terminated by the Company without default of the employee.
18.1.6 An employee who is stood down in accordance with this clause can take other employment.
18.1.7 Except in the case of an employee who is engaged in a strike or stoppage at any establishment of the Company, an employee stood down for a period of more than five working days who has exercised the right to take other employment is entitled to work out in such other employment notice of up to one week provided he or she notifies the Company of his or her so doing.
18.1.8 An employee who the Company proposes to stand down may elect to take, for the period of the stand down only and for such further time as is reasonably required for the employee to return to his or her normal place of abode, any annual leave to which the employee is entitled or which is accruing to the employee, and upon such election being exercised the employee's annual leave must be reduced accordingly.
18.1.9 The Company must not deduct payment for any day prescribed by the award or any agreement affecting the Company as a public holiday which occurs during the period of stand down of an employee (other than an employee who is engaged in a strike or stoppage at any establishment of the Company) except to the extent that such employee has become entitled to payment for the holiday in other employment. An employee claiming for a holiday must, if required by the Company, furnish a statutory declaration setting out details of any other employment during this period and the remuneration received therein.
18.2 Continuity of service
The continuity of service of an employee who is stood down under this clause is deemed not to be broken for all purposes (other than payment of wages).
