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the MEA - ASU NSW

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39.1.4 Transmission includes transfer, conveyance, assignment or succession whe<strong>the</strong>rby agreement or by operation of law and transmitted has a correspondingmeaning.39.1.5 Week’s pay means <strong>the</strong> ordinary time rate of pay for <strong>the</strong> employee concerned.Provided that such rate shall exclude:• overtime;• penalty rates;• disability allowances;• shift allowances;• special rates;• fares and travelling time allowances;• bonuses; and• any o<strong>the</strong>r ancillary payments of a like nature.39.2 Discussions before termination39.2.1 Where <strong>the</strong> employer for any reason, including <strong>the</strong> cessation or reduction of grantfunding, has made a definite decision that <strong>the</strong> employer no longer wishes <strong>the</strong> job<strong>the</strong> employee has been doing, done by anyone and <strong>the</strong> decision may lead totermination of employment, <strong>the</strong> employer shall hold discussions with <strong>the</strong>employees directly affected.39.2.2 The discussions shall take place as soon as practicable after <strong>the</strong> employer hasmade a definite decision which will invoke <strong>the</strong> provisions of clause 39.2.1 andshall cover inter alia, any reasons for <strong>the</strong> proposed terminations, measures to avoidor minimise terminations and measures to mitigate any adverse effects of anyterminations or <strong>the</strong> employees concerned.39.2.3 For <strong>the</strong> purposes of <strong>the</strong> discussion, <strong>the</strong> employer shall, as soon as practicable,provide in writing to <strong>the</strong> employees concerned, all relevant information about <strong>the</strong>proposed terminations including <strong>the</strong> reason for <strong>the</strong> proposed terminations, <strong>the</strong>number of categories of employees likely to be affected and <strong>the</strong> number ofemployees normally employed and <strong>the</strong> period over which <strong>the</strong> terminations arelikely to be carried out. Provided that any employer shall not be required todisclose confidential information, <strong>the</strong> disclosure of which would be inimical to <strong>the</strong>employer’s interests.39.3 Transfer to lower paid dutiesWhere an employee is transferred to lower paid duties by reason of redundancy <strong>the</strong>same period of notice must be given as <strong>the</strong> employee would have been entitled to if <strong>the</strong>employment had been terminated and <strong>the</strong> employer may at <strong>the</strong> employer’s option, makepayment in lieu <strong>the</strong>reof of an amount equal to <strong>the</strong> difference between <strong>the</strong> formerordinary rate of pay and <strong>the</strong> new ordinary time rate for <strong>the</strong> number of weeks of noticestill owing.39.4 Severance pay39.4.1 Severance pay – o<strong>the</strong>r than employees of a small employerCommunity Sector Multiple Enterprise Agreement 2009

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