Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v The Australian Workers' Union of Employees, Queensland [1994] QIRC 243 (1994) 146 QGIG 206

206 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [20 May, 1994 ######### ########################################### QUEENSLAND INDUSTRIAL RELA TIO NS COMM ISSION Industrial Relations Act 1990 s. 13 1 - application for variaIion federa ted Engine D rivers' and Firemens' Association of Australasia Queensland Branch, Union of Emp loy ees AND The Australian Workers' Un io n of Employees, Queensland (Nos. 8513 and 8 53 9 of 1993) CIVIL CONSTRU CTIO N, OPERAT IO NS AND MAINTENAN CE GENERAL AWARD - STATE COMMISSIONERS BOUGOURE, FISH ER, NUTTER 22 Apri l 1994 VARIATION TH ESE mauers coming on for hearing before the Commission at Br isbane on 18 and 23 February, 10 and 23 Ma rc h 1994, this Commission doth order that the said Award be varied as fol lows as fr om the eighteen th day of February, 1994: - By i ns erting in Part 2 (Te rms and Conditions of Employment) a new clause 2.7 (Redundancy) as follows:- "2.7 Redundancy (1) Notwithstan ding the provis io ns contained in clauses 2.1 and 2.2 relating 10 termination and redundancy, the fol l owing provIs Io ns shall apply to emp loyees engaged on Civi l Construction Work . (2) Definition ' Redundancy' means a situation where an employee ceases to be employed by an employe r, respond en t to this Award, other than ior re asons of misconduct or refusal of duty . 'Redundant' has a co rresponding meaning. (3)(a) Redundancy Pa y - A red undant employee shall receive redundancy/severance payments, calculated as follows, in respect of al l conti nuous service (as defined) with his or her employer provided that any service prior to 22 November 1993 shall not be coumed as service unl ess the employee is made redundant by the employer. PNiocJ of continuO\.IS se,vice w it h aa, Re-rlu nd:1ncy/SPverJnce Pay (mpfoye, 1 year or more buI l ess lhan 2 yea rs 2.4 wi,eks' pay for all servic,• io e xcess of I year, 1.75 hou rs per pay completed week of ,erv,ce up 10 a maximum of 4,8 weeks' pay. 2 years or more bul less tha n 3 years 4,8 week;' pay pl us , for all servi ce ,n excess of 2 years , 1.6 hours per pay completed week of service up to a maximum of 7 weeks' pay. 3 years or more buI less Ihan 4 years 7 weeks' p ay plus, for all se rvice in excess of 3 years, 0. 73 hours pay per completed week of service up 10 a maximum of 8 weeks' pay 4 years or more 8 weeks· pay: 20 May, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 207 Provided that an employee employed for less than twelve (12) months sha l l be en titled to a redun da ncv/severance payment of 1.75 hours per completed week of service if, and only if redundancy is occasioned otherwise than by the employee. (b) 'Weeks' pay· means the ordinary time rate of pay at the t im e of term ination for the employee concerned. (c) 'Continuous Service' - For the p urposes of Ihis cl ause service shal l be deemed to be continuous notwithstanding an employees absence from work in any year of the ir emp loy ment as a consequence of:- (i) Paid Sick Leave; (i i) Ill ness or accident up to maximu m of four (4) w ee ks after the expiration of paid sick l eave; (ii i) Workers Compensation up to a maximum of 26 weeks; (iv) Annua l Leave; (v) Long Service Leave; (vi) A ll other absences taken w ith the employer's approval; (vii) The period during which the employment oi the employee w i th the emp loy er shall have been interrupted in accordance with paragraphs (ii) and (vi) hereof shall not be taken into account in ca lc ulating the period of emp loymen t of the employee w ith the employer. (viii) In the event of disagreement with the above matter shall be referred to the Commission for de te rmination. {d) If an employee dies w i th a period of eligi ble service whic h wou ld have en ti tled that emf loyee to redundancy pay, such redundancy pay entitlement shal be paid to the estate of the employee. (e)( i) Any peri od of service as a casual sha l l not entitle an employee 10 accrue service in accordance with this cl ause for that period. (ii) Service as an apprentice will entitle an employee to accu mul ate credits towa rds the payment of a redundancy benefi t i n accordan ce with this cl ause if the employee co mplet es an apprenticeship and remai ns in employmen t w ith tha t employer for a fur ther 12 months. (0 An employer bound by this Award ma y u1i li se a fund to meet all or some oi th e liabili ti es created by th is cl ause. Where an employer util ises such a fund:- (i) paymen ts made by a fund des igned to meet an employer 's liabilities under this clause, to employees el igible for redundancy/severance pay shall be set off aga i nst the li ab ility of the employer under this clause, and the employee shal l receive the fund payment or the Award benefit whi chever the greaIcr b ut not both; or (i i) where a fund, which has been established pursuant to an agreemenI between unions and employers, does not make paymen ts in accordance with this clause, contribut ions made by an employer on behalf of an employee to the fund shall, 10 the extent of those contributions, be set off against the liability oi the employer under th is clause, and payment s to the employee shall be made i n accordance with the rules of the fund or any agreement relating thereto and the employee shall receive the fund payment or the Award benef it wh ichever is greater b ut not both. (4) Employee leaving during noiice - An employee whose employment is to be terminated in accordance with this clause may terminate his or her employment during the period of notice and. if this occurs, sha l l be entitl ed to the provisions of th is clause as ii the employee rema i ns w i th the employer until expiry of such notice: Provided that in such c ir cumstances, the emp loyee shall not be entitled to payment i n lieu of notice. (5) Trammission of Business - (a) Where a business is before or after the date of this Award transmitted from a~ employer (in thi s subclause cal led 't he transmittor') to another employer (i n this subclause ca l led ' th e transmillee'j and an employee who at 1he I ime oi such transmission was an employ ee of the t ra nsmitter in that bus iness becomes an employee of Ihe transm1t1ee: (i) the conti nuity of the employment of the employee shall be deemed not 10 have been broken by reason of such transmission; and (ii) the period of employment wh ich the employee has had w i th the transmitter or any prior transmitter shall be deemed to be servi ce on the employee with th e transmitte e. (b) In this subclause 'business· includes trade, process, busine ss or occupation and includes part of any such business and 't ransmission ' includes transfer, conveyance, assisnment or success ion whether by agreement or by operation ot law an d ' t ra nsmi tted' has a correspond ing meaning. (6) Emp loyees of Government Departments shall be pa id redundancy payments either under the policy for Management of Redundancy in the Queensland Publ ic Sector of lhe Q ueensland Government, or, in accordance w ith the provisions con ta i ned i n 1his clause, wh ichever is more favourable to the employees concerned.'. Dated this second day of Apri l, 1994. By th e Commission, [L.5.) M.J CA LLEN, Industri al Registrar. Operative Date: 18 February 1994 Variation - Redundancy Rel eased: 5 May 1994 #################################################### ,l -- 1 of 1 --