AP838502 - Post Fulfilment Online Consent Award 2004
PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
10. CONTRACT OF EMPLOYMENT
10.1 Employment conditions
10.1.1 PFO may engage employees on a full-time, part-time, casual or limited tenure basis, subject to the following conditions:
10.1.1(a) full-time employees shall be engaged on weekly hire on the basis of working 152 hours in any four week cycle;
10.1.1(b) part-time employees shall be engaged on weekly hire in accordance with clause 11;
10.1.1(c) casual employees shall be engaged on an hourly basis, with a minimum engagement of three hours on each occasion required;
10.1.1(d) limited tenure employees shall be engaged on the basis of the conditions previously mentioned in clause 10.1.1(a) and clause 10.1.1(b) of this clause; and
10.1.1(e) no employee shall have their classification changed on any rostered shift purely with the intent of avoiding or reducing the payment of penalties or loadings for which the employee would be otherwise entitled for that shift (provided that this does not exclude PFO’s ability to permanently re-classify an employee to meet changing business needs).
10.2 Termination of employment
10.2.1 Notice of termination by PFO
10.2.1(a) In order to terminate the employment of an employee, PFO 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 |
10.2.1(b) In addition to the notice in 10.2.1(a), 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.
10.2.1(c) Payment in lieu of the prescribed notice in 10.2.1(a) and 10.2.1(b) 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 PFO making payment for the remainder of the period of notice.
10.2.1(d) 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, PFO 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:
10.2.1(d)(i) the employee’s ordinary hours of work (even if not standard hours); and
10.2.1(d)(ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and
10.2.1(d)(iii) any other amounts payable under the employee’s contract of employment.
10.2.1(e) The period of notice in this clause does not apply:
10.2.1(e)(i) in the case of dismissal for serious misconduct;
10.2.1(e)(ii) to apprentices;
10.2.1(e)(iii) to employees engaged for a specific period of time or for a specific task or tasks;
10.2.1(e)(iv) 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; or
10.2.1(e)(v) to casual employees.
10.2.1(f) Continuous service is defined in clause 4.5.
10.2.2 Notice of termination by an employee
10.2.2(a) The notice of termination required to be given by an employee is the same as that required of PFO, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
10.2.2(b) If an employee fails to give the notice specified in 10.2.1(a) PFO has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 10.2.1(d).
10.2.3 Job search entitlement
Where PFO has given notice of termination to an employee, the 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 PFO.
10.2.4 Transmission of business
Where a business is transmitted from PFO to another employer (as set out in clause 13 - 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.
