AP836954 - Medibank Private Limited Award 2004
PART 4 - EMPLOYMENT RELATIONSHIP
12. TYPES OF EMPLOYMENT
Employees under this award will be employed in one of the following categories:
12.1.1 engagement as a permanent employee, in either a full-time or part-time capacity;
12.1.2 engagement as a fixed term employee for a specified duration, which may include short term arrangements, on a full-time or part-time basis;
12.1.3 engagement as a casual employee.
At the time of engagement, MPL will inform each permanent and fixed term employee in writing of the terms of their engagement, including:
12.2.1 the type of employment;
12.2.2 whether a probationary period applies and the expected duration of the period; and
12.2.3 if the person is engaged as a fixed term employee, the project or task in relation to which the person has been engaged and/or the duration of the engagement;
12.3 Regular part-time employment
12.3.1 Employees in any classification may be employed as regular part-time employees in accordance with 19.4, for an agreed number of hours per week which is less than the ordinary hours of duty specified in the award.
12.3.2 Regular part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances, the employee will receive entitlements as specified in the relevant clauses of this award.
12.4.1 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 |
12.4.2 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.
12.4.3 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.
12.4.4 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.
12.4.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, 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.
12.5 Notice of termination by an employee
12.5.1 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.
12.5.2 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.
12.5.3 Time off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to one 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.
