POULTRY INDUSTRY PREPARATION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Erratum to Serial
C1073 published 14 June 2002
(334 I.G. 322)
((No. IRC 1958 and 1959 of 1999)
ERRATUM
1. For clause 29,
Redundancy and Change, of the award, substitute the following:
29. Redundancy and
Change
(1) Application
(i) These
provisions shall apply in respect of full-time and part-time persons employed
in the classifications specified by clause 6.
(ii) This clause
shall only apply to employers who employ 15 employees or more immediately prior
to the termination of employment of employees, in the terms of subclause of
this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on the company shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices, or employees engaged for a specific
period of time for a special task or tasks; or where employment is terminated
due to the ordinary and customary turnover of labour
(2) Introduction
of Change
(i) Employer's
Duty to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that, where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the
purpose of such discussion, the employer shall provide to the employees concerned
and the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees; provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(3) Redundancy -
Discussions Before Terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone, pursuant to paragraph (i)
of subclause (2) of this clause, and that decision may lead to the termination
of employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of the said paragraph
(i) and shall cover, inter alia, any reason for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(4) Termination of
Employment
(i) Notice of
Changes in Production, Program, Organisation or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production, program,
organisation or structure, in accordance with subclause (2) of this clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of the
notice, with not less than two years' continuous service, shall be entitled to
an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from
"technology" in accordance with paragraph (i) ofsubclause (2) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service with
the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time Off
during the Notice Period
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) 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 shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving during the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause as those to which
the employee would have been entitled had the employee remained with the
employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink
Where a decision has been made to terminate the
employment of employees, the employer shall notify Centrelink thereof as soon
as possible, giving relevant information, including the number and categories
of the employees likely to be affected and the period over which the
terminations are likely to be carried out.
(vii) Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by the Department of
Social Security.
(viii) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subclause (2) of this clause, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's 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-time rate of pay and
the new ordinary-time rate for the number of weeks of notice still owing.
(5) Severance Pay
(i) Where the employment
of an employee is to be terminated pursuant to paragraph (i) of subclause (4)
of this clause, subject to further order of the Industrial Relations Commission
of New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years
of Service
|
45
Years of Age and Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5
weeks
|
2 years and less than 3 years
|
8.75
weeks
|
3 years and less than 4 years
|
12.5
weeks
|
4 years and less than 5 years
|
15
weeks
|
5 years and less than 6 years
|
17.5
weeks
|
6 years and over
|
20
weeks
|
(c) "Weeks'
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination, and shall include in addition to the ordinary rate of pay,
over-award payments, shift penalties and allowances paid in accordance with
this award.
(ii) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph (i) of
this subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
paragraph (i) will have on the employer.
(6) Grievance and Dispute
Resolution Procedures
(i) Procedures
relating to grievances of individual employees
(a) The employee
is required to notify the employer (in writing or otherwise) as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its
source as possible, with graduated steps for further discussion and resolution
at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each
level of authority.
(d) At the conclusion of the discussion, the employer must provide
a response to the employee's grievance, if the matter has not been resolved,
including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must
continue.
(f) The employee may be represented by an industrial organisation
of employees.
(ii) Procedures
relating to disputes, etc., between employers and their employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
(7) Savings
Nothing in these provisions shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any employer bound by this award.
G.M
GRIMSON, Industrial Registrar
____________________
Printed by
the authority of the Industrial Registrar.