AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
13.1 The employer will have the right to deduct payment for any day an employee cannot be usefully employed because of any strike or stoppage of work through any cause for which the employer cannot reasonably be held responsible, subject to the following conditions:
13.1.1 The employer will notify the employee. During the period the notification remains in force the employee will be deemed to be stood down for the purpose of this clause.
13.1.2 An employee who is stood down will be treated for all purposes (other than payment of wages) as having continuity of service and employment regardless of such standing down.
13.1.3 An employee who is stood down may at any time during the period of stand down terminate the employee’s employment without notice and will be entitled to receive from the employer as soon as practicable any monies due at the time of termination. The day on which the employee exercises the right of termination without notice will be the day on which the employment is terminated.
13.1.4 An employee whose employment is terminated under 13.1.3 will for all purposes (other than payment in lieu of notice) be treated as if the employee’s employment had been terminated by the employer without default of the employee.
13.1.5 An employee who is stood down will be free to take other employment.
13.1.6 Save and except an employee who is a member of the association or unions engaged in a strike or stoppage at any establishment of the Company, an employee stood down for a period of more than five working days who has exercised the right to take other employment shall be entitled to work out in such other employment notice of up to one week provided the employee notifies the Company of this action.
13.1.7 An employee whom the employer proposes to stand down may elect to take, for the period of the stand down only and for such further time as is reasonably required for the employee to return to the employee’s normal residence, any annual leave to which the employee is entitled or which is accruing to the employee and upon such election being exercised the employee’s annual leave will be reduced accordingly.
13.1.8 The employer will not deduct payment for any day prescribed by the award affecting the particular employer as a public holiday which occurs during the period of stand down of an employee (other than of an employee who is a member of a union or an association engaged in a strike or stoppage at any establishment of the employer) except to the extent that such employee has become entitled to payment for the holiday in other employment. An employee claiming payment for a holiday will, if required by the employer, provide a statutory declaration setting out details of any other employment during this period and the remuneration received.
