SYDNEY AQUARIUM STAFF (STATE) AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1618 of 2004)
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Before Mr Deputy President
Sams
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28 July 2004
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REVIEWED AWARD
1. Delete clause
4, Date and Period of Operation, of the award published 21 September 2001 (327
I.G. 1147), and insert in lieu thereof the following:
4. Date and Period of
Operation
This Award shall operate from the first full pay period to
commence on or after 1 January 1998 and shall remain in force for a period of
18 months.
This award has been the subject of a review under Section 19
of the Industrial Relations Act 1996
and remains in force until varied or rescinded, the period for which it was
made being already expired. The changes made to the award pursuant to section
19 of the Industrial Relations Act
1996 are effective on and from 28 July 2004.
2. Delete
subclause 30.2, of clause 30, First Aid, and insert in lieu thereof the
following:
30.2 First-aid Kits
- See Occupational Health and Safety Regulation 2001.
3. Delete clause
33, Redundancy, and insert in lieu thereof the following:
33. Redundancy
33.1 Application
(a) This clause
shall apply in respect of full time and part time persons employed in the
classifications specified in clause 8 of this award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers 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.
(d) Notwithstanding
anything contained elsewhere in this clause, 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 or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
33.2 Introduction of
Change
33.2.1 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.
33.2.2 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 33.2.1, 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 discussions
shall commence as early as possible after a definite decision has been made by the
employer to make the changes referred to in 33.2.1.
(c) For the
purpose of such discussions, 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.
33.3 Redundancy
33.3.1 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 done by anyone pursuant to 33.2.1(a), 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 33.3.1(a) and shall cover,
inter alia, any reasons for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate any adverse effects of any
termination of the employees concerned.
(c) For the
purposes 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.
33.4 Termination of
Employment
33.4.1 Notice for
Changes in Production, Programme, Organisation or Structure - this subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with paragraph
33.2.1 (a) Introduction of Change:
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
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Period of Continuos Service
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Period of Notice
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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(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 continuos 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.
33.4.2 Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with 33.2.1(a).
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 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.
33.4.3 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 5 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.
33.4.4 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 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.
33.4.5 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.
33.4.6 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 provided by
Centrelink
33.4.7 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subclause 33.2.1 of this award, 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 rates for the number of weeks of notice still owing.
33.5 Severance Pay -
33.5.1 Where an
employee is to be terminated pursuant to subclause 33.4, the employer shall pay
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:
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Years of Service
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Under 45 Years of
Age
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Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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4 weeks
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2 years and less than 3 years
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7 weeks
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3 years and less than 4 years
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10 weeks
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4 years and less than 5 years
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12 weeks
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5 years and less than 6 years
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14 weeks
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6 years and over
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16 weeks
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(b) Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
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Years of Service
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45 Years of Age
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and Over Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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5 weeks
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2 years and less than 3 years
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8.75 weeks
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3 years and less than 4 years
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12.5 weeks
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4 years and less than 5 years
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15 weeks
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5 years and less than 6 years
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17.5 weeks
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6 years and over
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20 weeks
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(c) "Week’s
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.
33.5.2 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 subclause 33.5.1 above.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Industrial Relations
Commission thinks relevant, and the probable effect paying the amount of
severance pay in subclause 33.5.1 above will have on the employer.
33.5.3 Alternative
Employment - 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 subclause 33.5.1 above if the
employer obtains acceptable alternative employment for an employee.’
P. J. SAMS D.P.
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Printed by
the authority of the Industrial Registrar.