Joinery And Building Trades Award 2010 - cfmeu

Joinery & Building Trades Award 2010
(b) The employee’s entitlement to redundancy pay under the notional
agreement preserving a State award is limited to the amount of
redundancy pay which exceeds the employee’s entitlement to
redundancy pay, if any, under the NES.
(c) Clause 17.2 does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d) Clause 17.2 ceases to operate on 31 December 2014.
17.3 Small employer
(a) For the purposes of clause 17.3(b), small employer means an employer
to whom Subdivision B of Division 11 of the NES does not apply
because of the provisions of s.121(1)(b) of the Act.
(b) Despite the terms of s.121(1)(b) of the Act and subject to clause 17.3(c),
the remaining provisions of Subdivisions A, B and C of Division 11 of
the NES apply in relation to an employee of a small employer covered
by this award except that the amount of redundancy pay to which such
an employee is entitled must be calculated in accordance with the
following table:
Employee’s period of continuous service Redundancy pay
with the employer on termination period
Less than 1 year Nil
At least 1 year but less than 2 years 4 weeks pay
At least 2 years but less than 3 years 6 weeks pay
At least 3 years but less than 4 years 7 weeks pay
At least 4 years and over 8 weeks pay
(c) Until 31 December 2014, clause 17.2 prevails over clause 17.3 where
the amount of redundancy pay to which an employee is entitled under
clause 17.2 and any other instrument exceeds that to which the
employee is entitled under clause 17.3.
17.4 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
new ordinary time rate of pay for the number of weeks of notice still owing.
17.5 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 clause 17 – Redundancy had they remained in employment until the
expiry of the notice, but is not entitled to payment instead of notice.
32 JBTA 2010: Part 3