Airservices Australia Award 2000
AP767005 - Airservices Australia Award 2000
18. NOTICE OF TERMINATION UPON REDUNDANCY AND REDUNDANCY PAYMENT
18.1 Redundancy occurs when an employee is excess because:
18.1.1 of technological or workplace change; or
18.1.2 the employee is one of a class of employees, and the class comprises a greater number of employees than is needed for efficient operations; or
18.1.3 the employee’s duties are to be transferred to a different locality, the employee does not wish to transfer to the locality and the employer determines the provisions of this redundancy clause apply to the employee.
18.2 Redundancy provisions do not apply to fixed term employees or to a new employee still in his or her period of probation.
18.3 An employee whose employment is terminated by reason of redundancy may terminate his/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 employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.
18.4 An employee terminated in accordance with this clause, will be paid redundancy pay of 2 weeks salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service.
18.4.1 The minimum sum payable is four weeks’ salary and the maximum is 48 weeks’ salary.
18.4.2 The sum payable to the employee will not exceed the sum of salary that would be payable were the employee to continue in his or her employment until the maximum retiring age applicable to the class of employees to which he or she belongs.
18.4.3 Where an employee has been acting at a higher classification level for a continuous period of at least twelve months immediately preceding the date on which he or she receives notice of retirement, the salary level will be the employee’s salary at the higher level as at the date of termination.
18.5 Where an excess employee is terminated, the period of notice will be four weeks or five weeks in the case of employees over 45 years of age with at least 5 years servicee. This will be in lieu of 17.1.1 and 17.1.2. Where the employer directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. The employee will be paid compensation instead of notice for the unexpired portion of the notice period. The payments an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employee not been terminated, will be used in calculating any payment in lieu of notice. From the date an employee is advised that he or she is an excess employee, the employee will be entitled to:
18.5.1 reasonable leave with full pay to attend necessary employment interviews; and
18.5.2 reasonable travel and incidental expenses incurred in attending such interviews, where such expenses are not met by the prospective employer;
18.5.3 where it is necessary as a result of action taken under this clause, by way of transfer or reduction in classification, for an excess employee to move his/her household to a new locality, the employee will be entitled to all reasonable expenses associated with that move on the same basis as if the employee had been promoted.
