36. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

36.1 Transfer to lower paid duties on redundancy

(a) Clause 36.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 36.1(c).

(c) If the employer acts as mentioned in clause 36.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

36.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 36 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

36.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 36.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 36.3(b).

(d) An employee who fails to produce proof when required under clause 36.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 35.2.

11. Daily hire employees

[Varied by PR733854]

11.1 An employer in a meat processing establishment may employ daily hire or part-time daily hire employees.

11.2 The daily hire employee will be employed by the day or shift or part thereof as the case may be, without breaking service for the purposes of the award and the NES as to payment for public holidays, personal/carer’s leave and annual leave. Employment will terminate at the end of each day or shift on which the employee is employed.

11.3 A daily hire employee may be required by the employer to work no less than 7.6 ordinary hours for each day they are employed.

11.4 A part-time daily hire employee may be required by the employer to work no less than 4 consecutive hours for each day they are employed.

11.5 Notwithstanding the termination of employment at the end of each day or shift, the engagement of a daily hire employee or part-time daily hire employee will continue until the engagement is terminated.

11.6 Engagement may be terminated by notice on either side as from the end of the ordinary working hours on the day or shift on which notice is given or at any later time specified by the notice.

11.7 An employee who terminates their engagement as from a time prior to the end of the ordinary working hours on any day or shift without having given the notice in accordance with clause 11.6 will not be entitled to payment in respect of any time actually worked on that day or shift.

11.8 A part-time daily hire employee will receive for the hours worked, on a pro rata basis, equivalent pay and conditions to those of daily hire employees who perform the same work.

11.9 In consideration of the rights conferred, a daily hire employee or a part-time daily hire employee will attend and offer for employment at the normal or other place specified by the employer at the usual starting time on each ordinary day unless notified on a particular day they are not required to attend.

11.10 Daily hire loading

For each day worked, a daily hire employee must be paid:

(a) the daily rate of 20% of the minimum weekly rate; and

(b) a loading of 10% of the daily rate,

for the classification in which they are employed.

[11.11 inserted by PR733854 from 27Sep21]

11.11 If a daily hire employee falls within the definition of ‘casual employee’ in clause 2, the employee shall have an entitlement under this award to the following NES benefits as if the employee was not a casual employee:

(a) Annual leave as provided for in Division 6 of Part 2-2 of the Act (despite clause 25.1 of this award);

(b) Paid personal/carer’s leave as provided for in Subdivision A of Division 7 of Part 2-2 of the Act;

(c) Public holidays as provided for in Division 10 of Part 2-2 of the Act; and

(d) Redundancy pay as provided for in Subdivision B of Division 11 of Part 2-2 of the Act.