AP795978 - Space Tracking Industry Award 1998
14.1 Severance pay entitlement
14.1.1 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 labor 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 a period of service:
14.1.1(a) Establishments other than Jindalee projects facility
Period of Service |
Severance Pay |
Up to the completion of 3 years |
6 weeks' pay |
3 years and up to the completion of 4 years |
8 weeks' pay |
4 years and up to completion of 5 yrs |
10 weeks' pay |
5 years and up to completion of 6 yrs |
12 weeks’ pay |
6 years and up to completion of 7 yrs |
14 weeks’ pay |
7 years and beyond |
15 weeks’pay |
14.1.1(b) Jindalee projects facility
This award does not provide severance benefits for employees of Jindalee facility.
14.1.1(c) * Weeks' pay means the ordinary time rate of pay for the employee concerned.
14.2 An employee will be excluded from the benefits of this clause where:
14.2.1 The employee would have been retrenched but is offered an alternative position with a lower rate of pay which the employee accepts. Provided that where such an employee is retrenched within a period of two years from the date of accepting the alternative position the employee will be paid a retrenchment payment at the rate of wage then currently prescribed at the date of their ultimate retrenchment, for the standard weekly hours for the classification in which the employee was classified before accepting such alternative position.
14.2.2 The employee would have been retrenched but is offered a transfer to another Tracking facility or to another position within the organisation of their employer which the employee accepts.
14.2.3 The employee rejects an offer of employment in the same classification and wage rate with an incoming contractor at the change over of a contract.
14.2.4 The employee accepts an alternative payment from their employer for working until a date specified by that employer.
14.2.5 The employee is dismissed for serious misconduct
14.3.1 The rate of payment to be used in calculating an entitlement will be the standard weekly hours of the classification in which the employee was engaged immediately prior to their retrenchment taking effect.
14.3.2 Such rates will not include shift premiums, overtime, penalty rates, bonuses or allowances,
14.3.3 Payment will be made on the day upon which the employee qualifies under the terms of the Agreement.
14.3.4 The severance payments are in addition to the periods of notice specified in clause 14 – Termination of employment.
14.3.5 The severance payments must not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.
14.3.6 For the purposes of this clause, continuity of service will be calculated in the manner prescribed by 25.5.
14.4.1 Where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
14.4.1(a) The continuity of the employment of the employee is deemed not to have been broken by reason of such transmission; and
14.4.1(b) The period of employment which the employee has had with the transmitter or any prior transmitter is deemed to be service of the employee with the transmittee for all leave entitlement calculations.
14.4.2 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.
This clause does not apply where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice.
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.
[see PR958318 and PR958626 appended to the back of the award]
Subject to 14.9.2, 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.
14.8 Employee leaving during the notice period
14.8.1 An employee whose employment is terminated for reasons set out in 14.1 may terminate their 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.
14.8.2 In such circumstances the employee will not be entitled to payment in lieu of notice
14.9 Time off during notice period
14.9.1 During the period of notice of termination given by the employer an employee will 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.
14.9.2 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 will, at the request of the employer, be required to produce proof of attendance at an interview or they will not receive payment for the time absent.
14.9.3 For this purpose a statutory declaration will be sufficient.
