AP806313CRV - National Fast Food Retail Award 2000
PART 4 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
9. ENGAGEMENT AND TERMINATION
9.1 Engagement - An employee may be employed as a full-time, part-time or a casual employee.
9.2 Notice of termination by employer
[9.2 substituted by PR951990 ppc 16Sep04]
9.2.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:
Period of continuous service |
Period of notice |
Less than 1 year |
1 week |
1 year but less than 3 years |
2 weeks |
3 years but less than 5 years |
3 weeks |
5 years and over |
4 weeks |
9.2.2 In addition to the notice in 9.2.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.
9.2.3 Payment in lieu of the prescribed notice in 9.2.1 and 9.2.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
9.2.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:
9.2.4(a) the employee’s ordinary hours of work (even if not standard hours); and
9.2.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
9.2.4(c) any other amounts payable under the employee’s contract of employment.
9.2.5 The period of notice in this clause does not apply:
9.2.5(a) in the case of dismissal for serious misconduct;
9.2.5(b) to apprentices;
9.2.5(c) to employees engaged for a specific period of time or for a specific task or tasks;
9.2.5(d) to casual employees.
9.2.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by clause 33 – Annual Leave, of this award.
9.3 Notice of termination by an employee
[9.3 substituted by PR951990 ppc 16Sep04]
9.3.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
9.3.2 If an employee fails to give the notice specified in 9.3.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 9.2.
9.4 Job search entitlement
[9.4 substituted by PR951990 ppc 16Sep04]
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
9.5 Transmission of business
[9.5 substituted by PR951990 ppc 16Sep04]
Where a business is transmitted from one employer to another, as set out in clause 13 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
9.6 Termination immediately prior to holiday
[9.6 substituted by PR951990 ppc 16Sep04]
A full-time or part-time employee after more than two weeks’ employment whose employment is terminated by the employer on the business day preceding a holiday or holidays, other than for misconduct, shall be paid for such holiday or holidays.
