AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003
[13 varied by PR959506 ppc 01Jul05]
13.1 Notice of termination by the Company
13.1.1 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 |
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 |
13.1.2 In addition to the notice in 13.1.1, 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.
13.1.3 Payment in lieu of the prescribed notice in 13.1.1 and 13.1.2 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 Company making payment for the remainder of the period of notice.
13.1.4 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 Company 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:
13.1.4(a) the employee's ordinary hours of work (even if not standard hours); and
13.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loadings and penalties; and
13.1.4(c) any other amounts payable under the employee's contract of employment.
13.1.5 The period of notice in this clause does not apply:
13.1.5(a) in the case of dismissal for serious misconduct;
13.1.5(b) to employees engaged for a specific period of time or for a specific task or tasks;
13.1.5(c) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement;
13.1.5(d) to casual employees; or
13.1.5(e) to probationary employees.
13.1.6 Continuous service is defined in clause 14.3.3.
13.2 Notice of termination by an employee
13.2.1 The notice of termination required to be given by an employee is the same as that required of the Company, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
13.2.2 If an employee fails to give the notice specified in 13.1.1 the Company has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 13.1.4.
Where the Company 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 Company.
13.4 Transmission of business
Where a business is transmitted from one employer to another, as set out in clause 14 - 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.
13.5 Employment contracts in excess of one week
Where clerical employees are engaged on contracts of employment in excess of one week, the period of notice will not, except in the circumstances specified in 13.1.5, be less than the period specified in the contract. For example, an employee on a monthly contract of employment will receive a minimum of one month’s notice (subject to 13.1.5) irrespective of service or age.
