AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
Redundancy shall apply where an employer has made a definite decision that the employer no longer wishes the job an employee has been doing done by anyone and this is not due to the normal and customary turnover of labour as recognised by the electrical contracting industry and that decision leads to the termination of employment of the said employee.
12.2 Redundancy due to transmission of business
Where a business is transmitted from an employer (the transmitter) to another employer (the transmittee) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee.
12.2.1 The continuity of the employment of the employee shall be deemed not to have broken by reason of such transmission; and
12.2.2 The period of employment, which the employee has had with the transmitter or any prior transmitter, shall be deemed to be service of the employee with the transmittee.
12.2.3 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.
12.2.4 This clause shall not apply by reason only of an employer taking over the employees of another employer to complete contract or subcontract works abandoned by that other employer by reason of bankruptcy, liquidation or otherwise.
12.3.1 In addition to the period of notice prescribed for ordinary termination, an employee whose employment is terminated by reason of redundancy, shall be entitled to the following amount of redundancy pay in respect of a continuous period of service:
Period of continuous service |
Redundancy pay |
At completion of one year |
4 week’s pay |
At completion of two years |
6 week’s pay |
At completion of three years |
7 week’s pay |
At completion of four years |
8 week’s pay |
12.3.2 Week’s pay means the gross weekly ordinary all purpose rate of pay, as defined, at the date of termination.
12.3.3 Provided that an employee shall be entitled to a pro rata payment for any period of continuous service which is less than a full year at any of the year levels referred to above.
[12.3.4 varied by Q9130 ppc 30Jun98]
12.3.4 Provided that where an employee who is terminated receives a benefit from a severance pay scheme, he or she shall only receive the difference between the redundancy pay specified above and the amount of the severance benefit he or she receives which is attributable to employer contributions. If the severance benefit is greater than the amount under 12.3.1 hereof then he or she shall receive no payment under that subclause.
12.4 Incapacity to pay redundancy pay
An employer, in a particular redundancy case, may make application to the Commission to have the general redundancy pay prescriptions varied on the basis of the employer’s incapacity to pay.
12.5 Alternative employment for a redundant employee
[12.5 varied by R4005 ppc 30Jun98]
An employer, in a particular case, may make application to the Commission to have the general redundancy pay prescriptions varied if the employer obtains acceptable alternative employment for an employee.
12.6 Employee leaving during the notice period
An employee whose employment is terminated except for malingering, inefficiency, neglect of duty, misconduct or refusing duty, may terminate the employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee 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.
12.7 Exemption from redundancy clause
This clause shall not apply:
12.7.1 where termination of employment is a consequence of malingering, inefficiency, neglect of duty, misconduct or refusing duty, viz. conduct that justifies summary dismissal;
12.7.2 to apprentices and trainees;
12.7.3 to employees employed on a casual basis, provided that an employer shall not employ a casual worker for the purpose of avoiding redundancy pay;
12.7.4 to employees employed by employers who operate exclusively within the cottage sector of the housing industry;
12.7.5 to employees engaged for a specific period of time for a specific task or tasks.
