New south wales industrial gazette

9. Payment of Wages
9.1 General - The following shall have application to all sections of this clause.
9.1.1 Weekly Payments - Subject to any custom existing at the time of making this award, wages, allowances and expenses shall be paid weekly.
9.1.2 Pay Period - The pay period for the payment of wages, allowances and expenses shall end at the usual time of ceasing work not more than two clear ordinary working days prior to the commencement of pay day.
9.1.3 Pay Day -
9.1.3.1 Upon commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the day of the week upon which the employee is to be paid his/her wages, allowances and expenses and such day shall be recorded in the employee's wages and/or service record as pay day.
9.1.3.2 Pay day may be altered as to all or a section of employees in an employer's establishment upon the employer giving the employees affected and the union 14 days' notice of such alteration; provided that this paragraph shall not apply to paragraph 9.1.4, Pay Day Falling on a Holiday, of this section.
9.1.4 Pay Day Falling on a Holiday - Where pay day falls on a holiday and subject to the other provisions of this clause, an employee shall be paid whatever wages, allowances and other expenses are due to him on the working day before the holiday. In such cases the substituted day shall be deemed to be pay day for the week in question. Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.
9.1.5 Pay Day Falling on a Leisure Day - Where pay day falls on a leisure day (as prescribed by paragraph 17.6.3, of subclause 17.6, Systems of Ordinary Hours of Work of clause 17, Hours of Work - Day Workers, of this award) or on a day which is substituted for an employee's leisure day (in accordance with the provisions of subclause 17.9, Substitution of Leisure Day of the said clause 17), an employee shall be paid whatever wages, allowances and other expenses are due to him/her on the working day before the leisure day. In such cases the substituted day shall be deemed to be pay for the week in question. Provided that in any project, undertaking or establishment either:
9.1.5.1 An employer and the majority of employees, or
9.1.5.2 where a rostered leisure day method (as prescribed by paragraph 17.6.2 of the said clause 17) applies, an employer and an employee may agree on any variation to the operation of this subclause.
9.1.6 Payments to be Made -
9.1.6.1 Wages due for time worked during a pay period shall be paid on the first pay day occurring after the end of that pay period.
9.1.6.2 Allowances due and expenses incurred during a pay period shall be paid on the first pay day occurring after the end of the pay period in which such allowances or expenses are claimed.
9.1.6.3 An employer and the union may agree on any variation to this subclause to apply to the employer's establishment.
9.1.7 Payment on Termination of Employment - Upon termination of the employment wages, allowances and expenses due to an employee shall be paid to him/her on the day of such termination or forwarded to him/her by post on the next working day.

9.1.8 Waiting for Payment -

9.1.8.1 An employee kept waiting for his/her wages on pay day for more than 15 minutes after the usual time of ceasing work shall be paid overtime rates after that 15 minutes with a minimum of 15 minutes.
9.1.8.2 If wages are not paid on pay day, except where the default has not been caused by the employer, a penalty of payment of 2 hours at ordinary rates shall be incurred and shall be paid together with the normal pay by mid day on the next working day after pay day.
9.1.9 Statement of Wages Due - On or prior to pay day the employer shall state to each employee, in writing, the amount of wages, allowances and expenses to which he/she is entitled, the amount of deduction made therefrom and the net amount being paid to him.
9.2 Payments Systems - The payment system to be applied to an employee shall be determined in accordance with one of the following provisions:
9.2.1 Weekly Payment System - Where an employee works a fixed weekly hours system of work as prescribed by paragraph 17.6.1, Fixed Weekly Hours System of subclause 17.6, Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day Workers, the employee's payment system shall be for the actual ordinary hours worked.
9.2.2 Average Payment System - Where an employee works an average weekly hours system of work as prescribed by paragraph 17.6.2, Average Weekly Hours Systems of subclause 17.6, Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day Workers, the employee's payment system shall be either:
9.2.2.1 for the actual ordinary hours worked, or
9.2.2.2 so as to avoid fluctuating wage payments each week, an employee may be paid according to a weekly average of the ordinary hours in a work cycle, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle. Provided that the average payment system to be used is determined by agreement between an employer and the majority of employees in any project, undertaking, or establishment.
9.2.3 Alternative Payment Systems - Where the employer and the majority of employees in a project, undertaking or establishment agree, an alternative payment system to those prescribed by this subclause may be introduced.
9.2.4 Absences - Average Payment Systems - Where an employee is paid in accordance with paragraph 9.2.2, Average Payment System of this section the following shall apply when the employee is absent during ordinary hours of work other than for annual leave, long service leave, paid sick leave, bereavement leave or on worker's compensation leave.
9.2.4.1 Where the employee is absent for the whole of a day, the employee shall lose average pay for that day calculated by dividing the employee's average weekly wage payment by 4.75 (i.e. the average number of days of work per week in a work cycle).
9.2.4.2 Where during a pay period the employee is absent from ordinary hours of work for a total time which exceeds the weekly ordinary hours of work prescribed by subclause 17.1 of the said clause 17 (i.e. 38 hours), the employee shall lose only the employee's average weekly wage payment for that pay period.
Provided that any adjustments to the employee's pay which may be necessary in respect of that pay period arising from the application of this paragraph shall be made by equal amounts during the subsequent pay periods in the work cycle which commences from the beginning of that pay period.
9.2.4.3 Where the employee is absent for part of a day, the employee shall lose average pay for each hour the employee is absent calculated by dividing his/her average pay for that day by 7.6 (i.e. the average number of daily ordinary hours in an ordinary work cycle).
9.2.5 Commencement of Employment - Average Payment System - An employee to whom an average payment system is to apply and who commences employment during a work cycle applying the project, undertaking establishment in which he/she is to work shall be paid wages due for hours actually worked until the beginning of the first work cycle which is to apply to him/her. Thereafter he/she shall be paid in accordance with the average payment system.
9.2.6 Termination of Employment - Average Payment Systems - An employee to whom an average payment system applies and whose employment is terminated during a work cycle applying in the project, undertaking or establishment in which he/she is working shall be paid wages due for hours actually worked during the cycle adjusted against wages paid for that portion of the cycle worked by him/her.
10. Living Away on Distant Work
10.1 Board and Lodging - Living Away Allowance - On distant work the employer shall, subject to the provisions of subclause 10.4 of this clause provide reasonable board and lodging or pay a living away allowance per week as set out in Item 5 of Table 4 of Part B of this award, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses, actually and reasonably incurred but not exceeding the said amount.
10.2 Standard of Board and Lodging - Reasonable board and lodging for the purpose of this Clause shall mean lodging in a well-kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room if a single room is not available, with hot and cold running water.
10.3 Regular Return Home -
10.3.1 Except as hereinafter provided an employee on distant work shall, where practicable, be allowed to return home for the weekend at least once a month. Where the employee so returns home, all reasonable travelling expenses incurred shall be reimbursed by the employer provided that the employee presented himself/herself for work at the site at the normal starting time on the next working day.
10.3.2 The travelling expenses prescribed by this subclause shall not be payable to an employee receiving the living away allowance prescribed by subclause 10.1, of this Clause.
10.4 Camps -
10.4.1 Scope - Where an employer is engaged in projects:
10.4.1.1 Which are located in areas where reasonable board and lodging as defined in subclause 10.2 of this clause is not available; or
10.4.1.2 Where the size of the work force is in excess of the available accommodation; or
10.4.1.3 Where there are continuous concrete pour requirements; or

10.4.1.4 Where the working of shifts necessitates camp accommodation;

His/her employees shall be provided with camp facilities constructed and maintained in accordance with the requirements of paragraph 10.4.2 of this subclause.
10.4.2 Camp Facilities -
10.4.2.1 Such an employer shall provide accommodation in single rooms, or twin rooms where single rooms are not available, fitted with suitable sleeping accommodation including mattress, pillow and blankets. Each room shall be of not less than 14 cubic metres per person, and shall have a timber floor with floor covering provided. Each room shall be fitted with a door and movable window of reasonable dimensions and shall be furnished with a table or suitable substitute therefore, a seat or seats and wardrobe for each person. The windows shall be fitted with gauze screens. Each room shall be ceiled and lined. Good artificial lighting shall be provided in each room. Where reasonably required, provision shall be made for the heating of rooms. Provision shall be made in the camp for suitable washing facilities including hot and cold showers. Suitable provision shall be made for washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths. Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health.
10.4.2.2 In such a camp messing shall be made available by the employer with provision for a choice of meals.
10.4.2.3 An employee who is accommodated as prescribed by subparagraph 10.4.2.1 of this paragraph shall not be eligible for the payment of the allowance prescribed by subclause 10.1 of this clause.
10.4.3 Camping Allowance
10.4.3.1 Employees who are required to camp in accordance with the provisions of paragraph 10.4.1 of this clause, shall be paid a camping allowance as set out in Item 6 of Table 4 of Part B per day for each day that the employee finds it necessary to remain in camp:
10.4.3.2 Provided that an employee shall not be entitled to the allowance as prescribed in subparagraph 10.4.3.1 for any working day on which he/she is absent from duty except in cases of sickness or for any reason beyond his/her own control.
10.4.3.3 Provided further that, if an employer elects to provide full board and suitable camp lodging, the allowance prescribed herein shall not be payable.
10.5 Accommodation Disputes - Any dispute concerning the standard of accommodation or camp facilities prescribed by this Clause shall be notified to the employer within one month.
10.6 Distant Work Defined - For the purpose of this award, distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

11. Contract of Employment
11.1 Weekly Employment -
11.1.1 Weekly Employment - Except as provided in subclause 11.3 of this clause, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
11.1.2 Termination of Employment -
11.1.2.1 Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wage as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 12, Redundancy, of this award.
11.1.2.2 Where the employee has given or been given notice as aforesaid, he/she shall continue in his/her employment until the date of the expiration of such notice. An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.
11.1.2.3 Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.
11.1.2.4 Notwithstanding the provisions of subparagraph 11.1.2.1 of this subclause the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.
11.2 Part-time Employment -
11.2.1 An employee may be engaged on a part time basis. A part-time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.
11.2.2 A part-time employee is entitled to a minimum start per occasion of four continuous hours
11.2.3 A part-time employee will be paid ordinary rates for all work inside of their normal working hours as defined in their employment contract. Those normal working hours must not exceed 38 per week. All hours outside of the normal working hours are to be paid at overtime rates.
11.2.4 No employee to whom this award applies shall be transferred by his/her employer to part-time employment or terminated with a view to re-employment as a part-time employee without the consent of the employee.
11.2.5 Part-time employees shall in respect of ordinary hours of employment be paid at the rate per hour of one thirty eighth of the prescribed weekly rate for the appropriate classification.
11.2.6 Subject to this clause, all the provisions of this award shall apply to a part-time employee on a pro rata basis.
11.3 Casual Employment -
11.3.1 Casual Employment - A casual employee is one engaged and paid as such.
11.3.2 Duration of Casual Employment - Except by mutual agreement between the employer and the employee a casual employee shall, after 2 weeks' employment, be deemed to be a weekly employee whose terms of employment shall forthwith be as prescribed by subclause 11.1 of this clause.
11.3.3 Casual Employment Additional Rate - A casual employee shall be paid 12 per centum of the weekly rate prescribed by clause 8, Wages Rates (except for paragraph (c) of subclause 8.1 of the said clause 8) in addition to the weekly wage rate prescribed by this award for the work which he/she performs. The casual employment additional rate shall be paid for all purposes of the award.
11.3.4 Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.
11.4 General -
11.4.1 Scope - This section shall have application to weekly and casual employees.
11.4.2 Absence from Duty - An employee (other than an employee who has given or received notice in accordance with this clause) not attending for duty shall except as provided by clauses 22, Sick Leave, 23, Personal/Carer's Leave, 24, Annual Leave and 25, Other Leave, lose his/her pay for the actual time of such non attendance.
11.4.3 Standing Down of Employees - The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.
11.4.4 Abandonment of Employment -
11.4.4.1 The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.
11.4.4.2 Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.
11.4.4.3 Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
11.4.5 Notwithstanding anything expressed or implied in this award or in Industrial Agreement No. 6493 and notwithstanding any term in the contract of employment of any employee, Australian Oil Refining Pty. Limited shall have the right to stand down for any period and shall be exempted from liability to pay any employee employed by the company hereunder, for any such period during which the employee, reasonably, cannot be given work by reason of:
11.4.5.1 any strike, or any ban, limitation or restriction upon the performance of any work at the Kurnell refineries of the companies; or
11.4.5.2 the shutdown of the Kurnell refineries of the aforesaid companies or any part thereof on or after 26 August 1982.
11.4.6 Notwithstanding any provision of this award or in Industrial Agreement No. 6493 the standing down pursuant to this subclause of any employee shall be treated as not having broken the continuity of employment of that employee and the period or periods of stand-down shall not be considered a period of absence from duty for the purpose of any provision of any award or any industrial agreement providing for or in relation to annual leave or long service leave.
11.4.7 Notwithstanding any other provision of any award or any industrial agreement any employee stood down pursuant to the provisions of paragraph 11.4.6 above shall be entitled to terminate his/her employment by giving one day’s notice of such termination or by forfeiting one day’s pay, and any such employee whose employment is terminated by his/her giving one day’s notice of such termination shall be regraded as having had his/her employment terminated by the company without default of the employee.
11.4.8 For the purpose of these stand-down provisions "period" shall mean a part of a day, a day or more than a day as the case may be.
11.4.9 Notwithstanding any other provision of any award or any industrial agreement:
11.4.9.1 An employee who is required to attend for work on any day and who, pursuant to an award or an industrial agreement binding upon him, works on that day shall be paid his/her ordinary pay for the time worked or for four hours whichever be the greater; provided that if he/she works for not less than 75 per cent of the ordinary hours for the day, he/she shall be paid his/her ordinary pay for a full day; and
11.4.9.2 An employee who is required to attend for work on any day and who attends and who, pursuant to these stand-down provisions, is not required to work shall be paid for that day his/her ordinary pay for two hours plus the sum of $1.00.
11.4.10 These stand-down provisions shall not affect the right of the company to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only. These stand-down provisions shall not affect the right of the company not to pay an employee who is not ready, willing and able to perform the service for which he/she has contracted in accordance with the lawful and reasonable directions of the company.
11.4.11 An employee who, pursuant to these provisions is not required to work for any period shall be deemed to have worked for the period for all purposes related to leave of any kind whether prescribed by any Act or award or industrial agreement or other wise or related to entitlement to any holiday, prescribed by any award or industrial agreement, provided that an employee who by this clause is deemed to have worked on a public holiday shall be paid at ordinary time for such day or days.
11.4.12 An employee shall not be a part-time employee or a casual employee merely by reason of not being required to work for any period pursuant to these provisions.
11.4.13 An employee to whom the company proposes to apply these stand-down provisions may elect to take any period of an annual holiday in lieu of being stood down. Provided that this clause shall be read and construed subject to the provisions of the Annual Holidays Act 1944 to the intent that any provision of this clause inconsistent with any provision of that Act shall be deemed to be of no force and effect.
11.4.13 Where the usual pay day of an employee to whom these stand-down provisions are applied occurs during any period when the employee is stood down the employer may postpone that pay day of such employee to the next day on which the employee works, unless the employee, while so stood down, elects to attend on the relevant usual pay day the place where he/she is usually paid.
11.4.14 The company shall daily make and preserve and keep a true and accurate record of the name of each employee to whom the company applies these stand-down provisions and of the days and times when the employee was, because of the said application of those provisions, not required to work, and shall make such record available for inspection by the secretary of the industrial union concerned at an time that is reasonable in the circumstances.
11.4.15 Leave is reserved to the company and to an industrial union of employees whose member or members, being an employee or employees of the company, is or are affected by the provisions f this clause, to apply at any time in respect of the provisions of this clause.
12. Redundancy
12.1 Application -
12.1.1 This award shall apply in respect of full time and part time persons employed in the classifications specified by clause 4, Margins.
12.1.2 In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, see subclause 12.4, Termination of Employment of this clause.
12.1.3 Notwithstanding anything contained elsewhere in this award, this award 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.
12.1.4 Notwithstanding anything contained elsewhere in this award, this award 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.
12.2 Introduction of Change -
12.2.1 Employers duty to notify -
12.2.1.1 Where an employer has made a definite decision to introduce 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.
12.2.1.2 "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers 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 location and the restructuring of jobs.
Provided that where the award specified in paragraph 12.3.1 makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
12.2.2 Employer's duty to discuss change
12.2.2.1 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 subparagraph 12.2.1.1 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.

12.2.2.2 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 subparagraph 12.2.1.1.

12.2.2.3 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.
12.3 Redundancy -
12.3.1 Discussions before terminations -
12.3.1.1 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 subparagraph 12.2.1.1 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.
12.3.1.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph 12.3.1.1 of this subclause and shall cover, inter alia, any reasons for the proposed termination and measures to mitigate any adverse effects of any termination of the employees concerned.
12.3.1.3 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 workers 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.
12.4 Termination of Employment -
12.4.1 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 subparagraph 12.2.1.1 of this clause.
12.4.1.1 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

12.4.1.2 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.

12.4.1.3 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.

12.4.2 Notice for Technological Change - This subclause sets out the notice to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph 12.2.1.1 of this award:

12.4.2.1 In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.
12.4.2.2 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.
12.4.2.3 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.
12.4.3 Time off during the notice period -
12.4.3.1 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.
12.4.3.2 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.
12.4.4 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.
12.4.5 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.
12.4.6 Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify the Centrelink thereof as soon as possible giving relevant information including the number of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
12.4.7 Centrelink 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 Centrelink.
12.4.8 Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph 12.2.1 of subclause 12.2 above, 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 has 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.
12.5 Severance Pay -
12.5.1 Where an employee is to be terminated pursuant to subclause 12.4 of this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

12.5.1.1 If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service Entitlement	Under 45 Years of Age
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

12.5.1.2 Where an employee is 45 years old 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

12.5.1.3 "Week's pay" means the all-purpose rate 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 clauses 4, Margins, 7, Tools, 8, Wage Rates, and 21, Shift Work, of this award.

12.5.2 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 paragraph 12.5.1 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 12.5.1 will have on the employer.
12.5.3 Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph 12.5.1 if the employer obtains acceptable alternative employment for an employee.