Enterprise Agreement 2011-14 - Department of Climate Change

Department of Climate Change and Energy Efficiency – Enterprise Agreement 2011-14
excess to requirements, the employee will be paid a sum equal to two weeks salary for each
completed year of service; plus a pro rata payment for completed months of service since
the last completed year of service, subject to any minimum amount the employee is entitled
to under the National Employment Standards (NES).
82.2. The minimum sum payable will be 4 weeks’ salary and the maximum will be 48 weeks’
salary.
82.3. The redundancy benefit will be calculated on a pro rata basis for any period where an
employee has worked part-time hours during his or her period of service and the employee
has less than 24 years full-time service, subject to any minimum amount the employee is
entitled to under the NES.
83. Notice of Termination
83.1. Where the employment of an excess employee is to be terminated under s.29 of the Public
Service Act 1999 on excess grounds, the Secretary will give written notice of termination of 4
weeks (or 5 weeks for an employee over 45 with at least five years of continuous service).
83.2. Where an employee’s employment is terminated at the beginning of, or within, the notice
period, the employee will receive payment in lieu of notice for the unexpired portion of the
notice period.
84. Calculating Redundancy Payments
84.1. Redundancy payments will be calculated on:
o the employee’s salary at the substantive work value level on the date of
termination;
o the salary of the higher level work value level, where the employee has been
working at the higher level for a continuous period of at least 12 months
immediately preceding the date on which the employee is given notice of
termination; and
o other allowances in the nature of salary which are paid during periods of annual
leave and on a regular basis, excluding allowances which are a reimbursement for
expenses incurred, or a payment for disabilities associated with the performance of
duty.
84.2. Where an employee has worked part-time hours during his or her period of service and the
employee has less than 24 years full-time service, the 2 weeks per year of service that
relates to the part-time service will be paid on pro-rata basis as follows:
o current annual full-time equivalent salary (used for redundancy purposes), divided
by full time hours, multiplied by the part-time hours for that part-time period
worked.
84.3. Subject to Clauses 85.4, 85.5 and 85.6 service for redundancy pay purposes means:
48