AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
14.1 An employer may deduct payment for any day an employee cannot be usefully employed because of any strike subject to the following conditions:
14.1.1 When an employer proposes to exercise the right conferred by this subclause, they shall notify the employee. During the period such notification remains in force, the employee shall be deemed to be stood down for the purpose of this subclause.
14.1.2 An employee who is stood down under this subclause shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such standing down.
14.1.3 Employees who are stood down under this subclause may at any time during the period they are stood down terminate their employment without notice and shall be entitled to receive from the employer as soon as practicable any monies due to them at the time of termination. The day on which the employee exercises the right of termination without notice shall be the day on which the employment is terminated.
14.1.4 Employees whose employment is terminated under 14.1.3 shall for all purposes (other than payment in lieu of notice) be treated as if their employment has been terminated without default of the employee.
14.1.5 An employee who is stood down under this subclause shall be at liberty to take other employment.
14.1.6 Employees stood down under the provisions of 14.1 for a period of more than five working days, who have exercised the right to take other employment shall upon receipt of written notification of a resumption of work, recommence work as soon as is reasonably practicable provided that within forty-eight hours of receipt of such notification they advise the employer of their intention to resume work.
14.1.7 Employees whom the employer proposes to stand down under the provisions of 14.1 may elect to take, for the period of the stand down only, any annual leave, accrued off duty leave or their paid leave to which they are entitled or which is accruing to them and upon such election being exercised the employee's annual leave, accrued off duty leave or other paid leave to which they are entitled or which is accruing shall be reduced accordingly.
14.1.8 If so requested by an employee prior to being stood down in accordance with these provisions, payment for time worked up to and including the day upon which such stand down occurs, shall be made upon the day of such stand down or as soon as is reasonably practical thereafter.
