10.         Types of employment
11.         Termination of employment
12.         Redundancy


10.       Types of employment

10.1                Subject to clause  10.4 and except as hereinafter provided employment must be by the week. It must be clearly indicated by the employer whether the employee is engaged on a full-time, part-time, or casual basis.

10.2                Probationary employment

(a)            An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed four weeks.

(b)            A probationary employee is for all purposes of the award a full-time or part-time employee.

(c)            Probationary employment forms part of an employee’s period of continuous service for all purposes of the award, except where otherwise specified in the award.

(d)    Probationary employees may give, or be given, notice on the following basis:

     First week of service                             1 day’s notice
     Second week of service                         2 days’ notice
     Third week of service                             3 days’ notice
     Fourth week of service                           4 days’ notice

(e)            Where an employee has given or been given such notice, the employee will continue in the employment until the date of expiration of such notice. Any employee who, having given or been given such notice, is absent from work without reasonable cause (proof of which will lie on the employee) during such period will be deemed to have abandoned the employment and will not be entitled to payment for work done by the employee within that period.

10.3                Part-time employment

A part-time employee means an employee who works a regular pattern of hours from week to week which is less than the standard ordinary hours in any week. The terms of this award apply pro rata for part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

10.4                Casual employment

(a)            A casual employee is to be employed by the hour and the employment of a casual employee may be terminated at any time.

(b)            Casual employees may only be engaged in the following circumstances:
          (i)             to meet short term work needs; or
          (ii)           to carry out work in emergency circumstances; or
          (iii)         to perform work unable to be practicably rostered to a permanent employee.

(c)            A casual employee working ordinary time must be paid the appropriate minimum wage prescribed in clause  13—Classifications and minimum wages, calculated hourly plus a loading of 25% but will not be entitled to any of the leave or public holiday benefits applying to full-time employees. The loading constitutes part of the casual employee’s all-purpose rate.

(d)            A casual employee who has been employed on a regular pattern of hours in twelve consecutive weeks must after that time have the right to elect to be engaged as a permanent employee if the employment on a regular pattern of hours continues into the next consecutive week. Any eligible employee that elects to convert must thereafter be treated for all purposes of this award as a full-time or part-time employee, as the case may be.

(e)            An employee must not be engaged or re-engaged as a casual employee under this clause to avoid any obligation under this award.

(f)              A casual employee must be engaged:
          (i)             for a minimum daily period of three hours; and
          (ii)           not more than once on each day.

(g)             If a casual employee is given notice or dismissed at other than the normal place of employment the employee must be entitled to transport or return fares to the usual place of employment.


11.                   Termination of employment

11.1                Notice of termination is provided for in the NES.

11.2                Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award, or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.

11.3                Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.


12.          Redundancy

12.1                Redundancy pay is provided for in the NES.

12.2                Transfer to lower paid duties

Where an 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 instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3                Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

12.4                Job search entitlement

(a)            An employee given notice of termination in circumstances of redundancy must 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.

(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 must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)            This entitlement applies instead of clause  11.3.

12.5                Transitional provisions

(a)            Subject to clause  12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:
          (i)             that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and
          (ii)           that would have entitled the employee to redundancy pay in excess of the employee’s entitlement to redundancy pay, if any, under the NES.

(b)            The employee’s entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay, if any, under the NES.

(c)            This clause does not operate to diminish an employee’s entitlement to redundancy pay under any other instrument.

(d)            This clause ceases to operate on 31 December 2014.