the MEA - ASU NSW

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35.16.1 Except in circumstances justifying summary dismissal (in accordance with Clause35.16.3 of this Agreement), no action shall be taken by the employer or nominee todiscipline or terminate the employment of an employee on the grounds of theemployee's performance or conduct unless the procedures in Clause 35 have firstbeen followed.35.16.2 The employer or nominee may, in cases of alleged serious misconduct, suspend anemployee on full pay or direct them to perform different duties and/or direct them toperform work in a different workplace, but under the employee's existing conditions,until such time as the alleged misconduct has been investigated and a meeting hasbeen organised to discuss the allegations (as provided for in Clause 35). Theemployer or nominee shall endeavour to keep the period of suspension short. Priorto any suspension, the employee will be provided in writing with the reason/s for thesuspension and an estimate of the duration of the suspension.35.16.3 Situations which may warrant summary dismissal would include, but are not limitedto:a) Fightingb) The inability to carry out normal duties as a result of the use of intoxicantsc) Fraudd) Criminal conducte) Wilful damage to company propertyf) Deliberate breach of occupational health and safety obligationsg) Abuse of members of the publich) Harassment or unlawfully discriminatory conduct35.16.4 In cases where summary dismissal is justified, termination of employment will be inaccordance with relevant legislation and applicable policies.36 NOTICE OF TERMINATION36.1 In order to terminate the employment of an employee the employer must give tothe employee the period of notice specified in the table below:Period of continuous servicePeriod of notice1 year or less 1 weekOver 1 year and up to the completion of 3 years 2 weeksOver 3 years and up to the completion of 5 years 3 weeksOver 5 years of completed service4 weeks36.1.2 In addition to the notice in 36.1, employees over 45 years of age at the time of thegiving of the notice with not less than two years continuous service, are entitled toan additional week’s notice.36.1.3 Payment in lieu of the prescribed notice in 36.1. and 36.1.2 must be made if theappropriate notice period is not required to be worked. Provided that employmentmay be terminated by the employee working part of the required period of noticeand by the employer making payment for the remainder of the period of notice.Community Sector Multiple Enterprise Agreement 2009
36.1.4 The required amount of payment in lieu of notice must equal or exceed the total ofall amounts that, if the employee’s employment had continued until the end of therequired period of notice, the employer would have become liable to pay to theemployee because of the employment continuing during that period. That totalmust be calculated on the basis of:36.1.4(a)36.1.4(b)the employee’s ordinary hours of work (even if not standard hours); andthe amounts ordinarily payable to the employee in respect of those hours,including (for example) allowances, loading and penalties; and36.1.4(c)any other amounts payable under the employee’s contract of employment.36.1.5 The period of notice in this clause does not apply:36.1.5(a)36.1.5(b)36.1.5(c)36.1.5(d)in the case of dismissal for serious misconduct;to employees engaged for a specific period of time or for a specific task ortasks;to trainees whose employment under a traineeship agreement or anapproved traineeship is for a specified period or is, for any other reason,limited to the duration of the agreement; orto casual employees.36.1.6 Continuity of service shall be calculated in the manner prescribed in clause 29.36.2 Notice of termination by an employee36.2.1 The notice of termination required to be given by an employee is the same as thatrequired of an employer, save and except that there is no requirement on theemployee to give additional notice based on the age of the employee concerned.36.2.2 If an employee fails to give the notice specified in 36.2.1 the employer has theright to withhold monies due to the employee to a maximum amount equal to theamount the employee would have received under 36.2.1.36.3 Job search entitlementWhere an employer has given notice of termination to an employee, an employee shallbe allowed up to one day’s time off without loss of pay for the purpose of seeking otheremployment. The time off shall be taken at times that are convenient to the employeeafter consultation with the employer.37 - INTRODUCTION OF CHANGE37.1 Employer's duty to notify37.1.1 Where an employer has made a definite decision to introduce major changes inprogram, organisation, structure or technology that are likely to have significantCommunity Sector Multiple Enterprise Agreement 2009
Page 1 and 2: COMMUNITYSECTOR MULTIPLEENTERPRISEA
Page 3 and 4: 28. Jury Service29. Calculation of
Page 5 and 6: 6.3 For the purposes of sub-clause
Page 7 and 8: 6.8.4 When offering employment on a
Page 9 and 10: 7.5.1 All day shift employees shall
Page 11 and 12: 8.6.3 If an employee in receipt of
Page 13 and 14: 8.9.2(b)Programmed days off shall b
Page 15 and 16: 10.1.2 The employee has given satis
Page 17 and 18: 11.4.2 Time off in lieu of payment
Page 19 and 20: 12.2.1 There is an agreement betwee
Page 21 and 22: 15.6 In the event that the employee
Page 23 and 24: the registration of the motor vehic
Page 25 and 26: 23.2 Immediate family or household2
Page 27 and 28: 24. ANNUAL LEAVE AND INDIVIDUAL FLE
Page 29 and 30: 24.10.5 The Employer is responsible
Page 31 and 32: 27.1 Definitions27.1.1 For the purp
Page 33 and 34: of paid sick leave, special materni
Page 35 and 36: 27.10.1 An employee will notify of
Page 37 and 38: 31.3 Provided further, that the emp
Page 39 and 40: Arbitrationcontent of any such disc
Page 41: 35.8 Where it was agreed that actio
Page 45 and 46: 39.1.4 Transmission includes transf
Page 47 and 48: 39.6.2 This provision does not appl
Page 49 and 50: A joint consultative committee to m
Page 51 and 52: SCHEDULE A - EMPLOYERS BOUNDACT Cou
Page 53 and 54: Activity means a group of related t
Page 55 and 56: Extensive experience means having w
Page 57 and 58: SCHEDULE C: CLASSIFICATION STRUCTUR
Page 59 and 60: ResponsibilitiesTo contribute to th
Page 63 and 64: General features at this level requ
Page 65 and 66: • Employees undertaking specialis
Page 67 and 68: - Carry out planning, studies or re
Page 69 and 70: • Provide advice on matters of co
Page 73 and 74: Positions at this level may be iden
Page 75 and 76: SCHEDULE D - ADDITIONAL TERMS BINDI
Page 77 and 78: 5. A shift length of up to twelve o
Page 79 and 80: D3 Beryl Women IncThe following add
Page 81 and 82: D4 Canberra Men’s CentreThe follo
Page 83 and 84: - Training Officer- AssessorsLevel
Page 85 and 86: D7 Gugan Gulwin Youth Aboriginal Co
Page 87 and 88: D9 Mental Health Community Coalitio
Page 89 and 90: • The MHCC will not pay for train
Page 91 and 92: D10 Mental Health Consumer NetworkT
Page 93 and 94:
D12 Parentline ACTThe following add
Page 95 and 96:
D14 Tenants Union ACTThe following
Page 97 and 98:
) Entitlements to long service leav
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D15 Toora Women IncThe following ad
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vii.viii.ix.The employee takes a se
Page 103 and 104:
colleague or family/household membe
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D16 Woden Community ServicesThe fol
Page 107 and 108:
e) First Aid allowance is only paid
Page 109 and 110:
d) As such WCS does not believe the
Page 111 and 112:
Governance’ guide which resides u
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the MEA - ASU NSW

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