AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000
14.1 Notice of termination by employer
14.1.1 Where the employer gives notice of termination to an employee the provisions of Subdivision C – Unlawful termination of employment by employer of the Workplace Relations Act 1996 (Cth) (“the WR Act”) apply.
14.1.2 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 |
14.1.3 A full-time or regular part-time employee, who is over 45 years of age and has at least 2 years of continuous service at the time of termination, is entitled to an additional weeks notice to the period of notice in 14.1.2.
14.1.4 Compensation in lieu of notice will be made to the employee if the employer does not require the employee to work for the duration of the period of notice. Employment may be terminated by the employee working part of the required period of notice and by the employer paying compensation for the remainder of the period of notice.
14.1.5 Compensation 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 employee would have become liable to pay the employee because of the employment continuing during that period. That total must be worked out on the basis of:
14.1.5(a) the employee’s ordinary hours of work (even if they are not standard hours); and
14.1.5(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
14.1.5(c) amounts payable under the employee’s contract of employment.
14.1.6 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, 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.
14.1.7 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall, once the traineeship is completed and provided that the trainee’s services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination, the period of traineeship shall be counted as service in determining any future termination.
14.2 Notice of termination by an employee
14.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee.
14.2.2 If an employee fails to give notice or leaves the employment before the period of notice expires 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 not worked.
14.3 Time off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one days 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.
