AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]
[19 substituted by PR954222 ppc 07Dec04]
19.1 Definitions
19.1.1 Business includes trade, process, business or occupation and includes part of any such business.
19.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employees, except where this is due to the ordinary and customary turnover of labour.
19.1.3 Small employer means an employer who employs fewer than fifteen employees.
19.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
19.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned.
19.1.6 Continuity of service is defined in clause 22.
19.2 Transfer to lower paid duties
Where a employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
19.3 Severance pay
19.3.1 Severance pay - other than employees of a small employer
An employee, other than a employee employed by a small employer as defined in 19.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Period of continuous service |
Severance pay |
Less than 1 year |
Nil |
1 year and less than 2 years |
4 weeks’ pay* |
2 years and less than 3 years |
6 weeks’ pay |
3 years and less than 4 years |
7 weeks’ pay |
4 years and less than 5 years |
8 weeks’ pay |
5 years and less than 6 years |
10 weeks’ pay |
6 years and less than 7 years |
11 weeks’ pay |
7 years and less than 8 years |
13 weeks’ pay |
8 years and less than 9 years |
14 weeks’ pay |
9 years and less than 10 years |
16 weeks’ pay |
10 years and over |
12 weeks’ pay |
* Week’s pay is defined in 19.1.
19.3.2 Severance pay - employees of a small employer
A employee employed by a small employer as defined in 19.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Period of continuous service |
Severance pay |
Less than 1 year |
Nil |
1 year and less than 2 years |
4 weeks’ pay* |
2 years and less than 3 years |
6 weeks’ pay |
3 years and less than 4 years |
7 weeks’ pay |
4 years and over |
8 weeks’ pay |
* Week’s pay is defined in 19.1.
19.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.
19.3.4 Continuity of service is calculated in the manner prescribed by clause 22 provided that service prior to the first pay period commencing on or after 7 December 2004 will not be taken into account in calculating an entitlement to severance pay for a employee employed by a small employer pursuant to 19.3.2.
19.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].
19.4 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 24 - Termination of employment. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.
19.5 Alternative employment
19.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.
19.5.2 This provision does not apply in circumstances involving transmission of business as set in 19.7.
19.6 Job search entitlement
19.6.1 During the period of notice of termination given by the employer in accordance with 24.3, a employee will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
19.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
19.7 Transmission of business
19.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
19.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or
19.7.1(b) Where the employee rejects an offer of employment with the transmittee:
19.7.2 The Commission may vary 19.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.
19.8 Employee exempted
This clause does not apply to:
19.9 Incapacity to pay
The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.
