AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
27.1 Weekly employment
27.1.1 All employees except casual employees shall be employed by the week. Provided that where employment is of less than four weeks duration employees shall be paid casual rates.
27.2 Termination of employment
27.2.1 Notice of termination by employer
27.2.1(a) In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:
Period of continuous service |
Period of notice |
1 year or less |
1 week |
Over 1 year and up to the completion of 3 years |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
Over 5 years of completed service |
4 weeks |
27.2.1(b) In addition to this notice, 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.
27.2.1(c) Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. 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.
27.2.1(d) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
27.2.1(e) The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
27.2.2 Notice of termination by an employee
27.2.2(a) 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.
27.2.2(b) If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
27.3 Casual employment
27.3.1 Casual employment shall be terminated by four hours' notice on either side, or by the payment or forfeiture of four hours' wages as the case may be.
27.3.2 Where casual employees are required to attend for work at the usual starting time and are not required to start work they shall be paid four hours pay plus fares and travelling time in accordance with 30.6.
