WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Australian Municipal, Administrative, Clerical and Services Union of Employees, WA Clerical and Administrative Branch and PB Foods Ltd. No. AG 327 of 1997. PB Foods Ltd (Balcatta Sales & Services) Enterprise Bargaining Agreement 1997. 19 February 1998. Order. HAVING heard Mr R Dhue on behalf of the applicant and Ms C Grey on behalf of the respondent, now therefore, I the un- dersigned, pursuant to the powers conferred under the Industrial Relations Act, 1979 do hereby order — 1. THAT the agreement, to be known as the “PB Foods Ltd (Balcatta Sales & Services) Enterprise Bargain- ing Agreement 1997”, which is reflected in the following schedule shall be and is registered on the 19th day of December 1997. 2. THAT the PB Foods Ltd (Balcatta Sales & Serv- ices) Enterprise Bargaining Agreement 1997 replaces the Peters (WA) Limited (Balcatta Sales & Services) Enterprise Bargaining Agreement 1992 with effect on and from the 19th day of December 1997. (Sgd.) S. A. CAWLEY, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the “PB Foods Ltd (Balcatta Sales & Services) Enterprise Bargaining Agreement 1997” and replaces the “Peters (WA) Limited Ltd (Balcatta Sales & Services) Enterprise Bargaining Agreement 1992”. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area & Scope, Incidence & Parties Bound & Rela- tionship to Parent Awards 4. Single Bargaining Unit WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2296 5. Background 6. Intent 7. Commitment 8. Operation of Agreement 9. Training 10. Hours of Work 11. Meal Breaks 12. Disputes Procedure 13. Disciplinary Procedure 14. Movement in Wages 15. Payment of Wages 16. SQP Programme 17. Union Awareness 18. Parental Leave 19. Equal Employment Opportunity 20. Personal Files 21. Introduction of Change & Redundancy 22. Family Leave 23. Employee Assistance Program 24. Contract of Employment Appendix A—Wage Rates Appendix B—SQP Consultative Committee Appendix C—Parental Leave Appendix D—Key Performance Indicators (K.P.I.’s) Appendix E—Equal Employment Opportunity and Affirmative Action Program Appendix F—Employee Assistance Program (E.A.P.) 3.—AREA & SCOPE, INCIDENCE & PARTIES BOUND & RELATIONSHIP TO PARENT AWARDS (1) Area & Scope The scope of the PB Foods Ltd (Balcatta Sales & Services) Enterprise Bargaining Agreement 1997 (“the Agreement”) shall be that prescribed in the Clerks’ (Wholesale and Retail Estab- lishments) Award No. 38 of 1947 (“the Award”). (2) Incidence & Parties Bound (a) (i) This Agreement shall be binding on the parties to the Agreement individually and collectively and shall apply to all persons employed at PB Foods Ltd, Balcatta (including the Factory and DC employees) who are members, or eligible to be members of the organisation of employees party to the Agreement and who are covered by the Award detailed subclause (3) of this clause. (ii) It is estimated that this Agreement will cover 67 em- ployees. (b) The organisation of employees party to this Agreement is the Australian Municipal, Administrative, Clerical, and Serv- ices Union of Employees, WA Clerical and Administrative Branch (“the Union”). The employer party to this Agreement is PB Foods Ltd (“the Company”). (3) Relationship to Parent Award (a) This Agreement shall be read and interpreted in conjunc- tion with the Clerks’ (Wholesale and Retail Establishments) Award No. 38 of 1947 (“the Award”). (b) Where there is any inconsistency between the Award and this Agreement, this Agreement shall prevail. 4.—SINGLE BARGAINING UNIT In accordance with the State wage decision of January 1992 (72 WAIG 191) a single bargaining unit has been established with the Union representing the clerical employees of PB Foods Ltd. 5.—BACKGROUND Peters (Foods) Limited is one of the oldest Western Austral- ian companies having its origins back in the last century and is the largest food manufacturer in Western Australia. Conse- quently, the company has been an integral part of the history of the West Australian Food Industry and one of the leaders in this community. During the past 13 years, the Company has been progres- sively modernising its manufacturing operations at a time when most of the industry has been acting very cautiously and as a consequence, the Company now has the most modern ice cream operation in Australasia and among the most technologically advanced dairies and abattoirs within Australia. With this investment in facilities, plant and equipment has also come investment in technology culminating, for the Balcatta site, in penetration of the extremely difficult Japanese market. It is of significance that at the time of entering into this agreement, the Company is the largest exporter of ice cream into Japan, having overtaken its leading international competitors in New Zealand in May of 1993. This is an important achievement for the Company, all its employees and the State. From the outset, the Company has recognised that if it is to continue to succeed in local, national and international mar- kets, it must produce world class products and this requires Best International Practice. Essential to this is the methodical re examination of all aspects of the business by all employees, and the vehicle designed to develop these improvements is the Safety, Quality and Productivity Program (“SQP Programme”). This process of change has to be undertaken cautiously in the present environment, to ensure that the gains and strengths that have been achieved are not lost, and to minimise the risk to the operation in a continuingly difficult environment. 6.—INTENT (1) This Agreement is made between the Union, the Com- pany and its employees. The Agreement has been developed through a process of consultation and co-operation involving a Works Committee comprising employee representative(s), a State Union representative and representatives of the Com- pany and reflects an ongoing commitment by all parties to continue that co-operation and consultation in working to make the Company’s Balcatta operations a safe, productive, effi- cient and internationally competitive company. This Works Committee will oversee the implementation of this EBA and monitor its progress. (2) Fundamental to this Agreement is the commitment of the employees and the Unions to work with the Company to continuously improve and maximise safety, quality and pro- ductivity at Balcatta. (3) Subject to Clause 16.—SQP Programme of this Agree- ment, all the parties to this Agreement recognise the right and responsibility of the Company to manage its operations. (4) The Company, the Union and the employees will work to ensure this Agreement is effective and where any part of this Agreement requires interpretation, it will be interpreted in the context of the commitments and intent expressed in this Clause. (5) This Agreement reflects modern and flexible working arrangements and conditions in a manner which is appropriate to the enhanced operation of the Company at Balcatta. (6) The Company, the Union and the employees acknowl- edge the requirement to develop and improve all aspects of the employment relationship including the issue of mutual trust and respect. To this extent the parties are committed to ac- tively, co-operatively and effectively deal with this matter. This may involve the assistance of an external party with expertise in this area. 7.—COMMITMENTS (1) All parties undertake that the terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise. (2) This Agreement shall not operate to cause any employee to suffer a reduction in ordinary time earnings, or to depart from the standards of the Western Australian Industrial Rela- tions Commission in regard to hours of work, annual leave with pay or long service leave with pay. (3) The parties undertake that the increase referred to in Clause 14.—Movement in Wages of this Agreement will be the only increases to apply during the life of the Agreement provided that further increases may result from real produc- tivity improvements implemented and quantified by the consultative process and/or in accordance with the State Wage Principles. (4) The parties will review the terms of this Agreement by 30 June 2000 and this review will commence no later than thirteen weeks prior to expiry. (5) The parties will assess the achievement in productivity and efficiency during the term of this Agreement with key targets set for achievement at the end of each 12 month pe- riod. The SQP Committee will be responsible for this assessment. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2297 78 W.A.I.G. (6) The Works Committee agree that following the process of reviewing this Agreement it will be renewed or replaced. (7) The parties commit to opposing any attempt by any other person, employee or organisation to become a party to this Agreement. (8) (a) The Company recognises that the linking of wage movements under this Agreement to productivity increases requires the commitment by the Company to ensure the re- sources are available to properly develop the key performance indicators to be used in this process and to ensure that meas- urement of the key performance indicator is fair and accurate. (b) The Company undertakes to ensure that appropriate re- sources are made available for this purpose. The Company further undertakes to participate with its employees through the SQP processes in the development of the key performance indicators. (c) In line with its commitment to effective communication and proper feedback to its employees, the Company gives its commitment to provide regular updates to employees on the development of the measurement of the key performance in- dicators. (9) Through this Agreement the Company, the employees and the Union reaffirm their commitment to the SQP program at the Company’s Balcatta operations and undertake through the SQP program to strive for real improvements in safety, quality and productivity at the Company’s Balcatta operations. This Agreement reflects the commitment of the parties to re- move obstacles to SQP by providing for increased flexibility and working arrangements and by meeting the needs of em- ployees and recognising the importance of the contribution of the employees in this process. 8.—OPERATION OF AGREEMENT This Agreement shall operate from the commencement of the first pay period on or after 11 November 1997 and shall remain in operation until 30 June 2000. 9.—TRAINING (1) The Company is committed to helping employees main- tain and improve their current job performance and to improve their opportunities for advancement to other jobs within the Company. Further, the Company encourages employees to exercise their initiative in identifying those educational and developmental programs which may be appropriate, consider- ing their interests and abilities and the best interest of the Company. (2) To facilitate the provisions of the above clause all train- ing will be provided in line with the Company’s Training and Development Policy. (3) Management will conduct reclassifications in accord- ance with the principles and procedures outlined in the National Clerical Competency Standards. 10.—HOURS OF WORK (1) The ordinary hours of work shall be an average of 38 per week over any five days of the week worked over any one of the following cycles and rostering will take into account the need to provide for no less than two consecutive days off be- tween working cycles— (a) 38 hours within a work cycle not exceeding 7 con- secutive work days; or (b) 152 hours within a work cycle not exceeding 28 con- secutive days; or (c) 1,976 hours within a work cycle of one calendar year provided that for each day in excess of 364 days in a calendar year, 7 hours and 36 minutes shall be added to 1,976 hours. (2) The ordinary hours of work may be altered by agree- ment between the employer and the employee/s concerned. (3) The ordinary hours of work will not exceed 10 hours on any day. (4) Where the Company wishes to alter the work cycle ar- rangement for any employees to include a Saturday and/or Sunday, the Company must give not less than 1 month’s no- tice of its intention to do so to the employees affected by the change. During this notice period, the Company will consult with the majority of employees concerned and the Union. Introduction of the new work cycle will be by mutual agree- ment. In exceptional circumstances, individual preferences within the division will be taken into consideration. (5) The ordinary hours of work in any one week may be worked, by agreement between the employee and employer, over any four days between Monday to Friday provided that on no one day the number of ordinary hours worked shall not exceed ten (10). (6) Any dispute as to the operation of any work cycle in any area for any employees will be resolved by following the pro- cedure set out in Clause 12.—Disputes Procedure of the Agreement. (7) For new employees, the hours of work and work cycle will be determined at the commencement of employment. Any alternation to the hours of work or the work cycle for that employee will be in accordance with this clause and be in line with the work cycle worked in the plant or that work section. (8) Where in accordance with the provisions of this clause employees work ordinary hours on a Saturday, all such hours worked shall be paid for at the rate of time and a half. (9) Where in accordance with the provisions of this clause employees work ordinary hours on a Sunday all such hours worked shall be paid for at the rate of double time. (10) Employees who are engaged in a work cycle which provides for up to ten ordinary hours to be worked in any one day shall be paid for all hours worked in excess of ten ordi- nary hours in any one day or 38 ordinary hours in a week at double time. (11) All overtime is to be paid. Agreement may be reached between the employer and the employee for time in lieu of overtime to be granted. Such time in lieu will take into ac- count overtime provisions. (12) An employee who at the requirement of the employer, works two or more hours overtime after completion of ordi- nary hours will be paid a meal allowance of $7.65. (13) An employee who is required to work overtime after 1.00pm on a Sunday or any holiday as prescribed in the Parent Award will be paid a meal allowance of $7.65. 11.—MEAL BREAKS (1) An employee shall not be compelled to work for more than five hours without a meal interval except where an alter- native arrangement is entered into as a result of discussions between the employer and an employee or an employer and the majority of employees in the plant or work section con- cerned. Such agreement will be limited to an additional one hour. (2) A meal break of not less than half an hour but not ex- ceeding one hour, will be available to all employees. (3) The meal break shall not be paid. (4) The time of taking a scheduled meal break may be post- poned in order to meet a requirement for continuity of operations. (5) Where an employee is required by the Company to post- pone his or her meal break for more than one hour he or she will be paid at overtime rates—after that one hour until the meal break is allowed. 12.—DISPUTES PROCEDURE (1) The objective of the dispute settlement procedure is as follows— (a) To promote resolution of disputes by measures based on consultation, co-operation and discussion; (b) To reduce the level of industrial confrontation, and (c) To avoid interruption to the performance of work and the consequential loss of productivity and wages. (2) Where a question, dispute or difficulty arises between the employer and an employee or group of employees the fol- lowing procedure will apply— (a) The employee or group of employees will discuss the matter with their immediate supervisor(s) as soon as practicable; (b) Where the matter is not resolved within a reasonable time the matter will be referred to the Union repre- sentative for discussion with the employer representative as soon as practicable; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2298 (c) If the matter is still not resolved (within reasonable time limit) the matter will be referred to a Union official and a senior employer representative as soon as practicable; (d) Where a negotiated settlement involving a question, dispute or difficulty cannot be reached after the par- ties have conferred among themselves and made reasonable attempts to resolve the question, dispute or difficulty, then the parties may apply to the West- ern Australian Industrial Relations Commission for resolution. (3) The parties are committed to avoiding stoppages of work or the placing of bans, or any other limitation on the perform- ance of work prior to the completion of the dispute settlement procedure. 13.—DISCIPLINARY PROCEDURE (1) Where an employee engages in unsatisfactory conduct the company may, as appropriate— (a) Informally counsel the employee; (b) Verbally warn the employee; (c) Warn the employee in writing (d) Suspend the employee with or without pay at the employer’s desecration for up to one week. Where an employee is suspended without pay and the em- ployee believes the withholding of pay is unduly severe, the employee may utilise the disputes proce- dure to resolve whether the suspension should have been with or without pay. (e) Dismiss the employee with notice or with pay in lieu of notice. (2) Where a representative of the Company engages in any discussions with an employee concerning any conduct of an employee which may lead to dismissal or other disciplinary or counselling measures being taken by the Company, the em- ployee is entitled to elect to have either another employee or a Union representative present during the discussion. The rep- resentative of the Company will remind the employee of that entitlement at the beginning of the discussion. When counselling or warning an employee concerning un- satisfactory conduct engaged in by that employee, the Company’s representatives will— (a) Specifically identify the conduct complained of. (b) Explain why the conduct is considered unsatisfac- tory by the Company and what would constitute acceptable conduct. (c) Explain the consequences if the employee again en- gages in that unsatisfactory conduct. (3) No record will be kept by the Company of informal coun- selling of an employee. Where a record is kept by the Company of a verbal warning given to an employee, the employee and any other employee or Union representative present will be given the opportunity to verify the accuracy of the record within a reasonable time of the warning being given. (4) Nothing in this clause affects the Company’s right to dismiss an employee without notice for misconduct which jus- tifies summary dismissal. (5) Performance Counselling (a) If the Company considers that the performance of an employee is unsatisfactory, the Company’s representative will discuss the matter informally with the employee with a view to identifying ways in which the performance of the employee could be improved. Specifically, the Company’s representa- tives and the employee will discuss— (i) The areas of the employee’s performance which are unsatisfactory. (ii) The reasons for the employee’s unsatisfactory per- formance. (iii) The steps available to the Company which would assist the employee to perform satisfactory, which may include arranging for the employee to receive training or additional training or altering the employ- ee’s working conditions (iv) The steps available to the employee to remedy the unsatisfactory performance. (6) During any such informal discussions, the employee is entitled to elect to have wither another employee or a Union representative present during the discussion. The representa- tive of the Company will remind the employee of that entitlement at the beginning of the discussion. (7) If, after informal discussions, the Company still consid- ers that the performance of the employee is unsatisfactory, advise the employee in writing of— (a) The areas of the employee’s performance which are unsatisfactory. (b) The Company’s response to any reasons offered by the employee for his or her unsatisfactory perform- ance. (c) The steps taken or intended to be taken by the Com- pany which would assist the employee to perform satisfactorily. (d) The steps required of the employee to remedy the unsatisfactory performance. (e) The time allowed for improvement before further as- sessment. (8) Where the required improvement has not occurred fol- lowing the steps set out in subclause (7) above, give the employee a written warning that failure to improve perform- ance within a given time may lease to the employee’s suspension for a maximum of one week or dismissal from employment, and setting out the steps necessary to be taken by the employee to improve their performance to a satisfac- tory level. (9) Where the performance of an employee then continues to be unsatisfactory, suspend the employee without pay for a time specified in writing by the Company of not more than one week or dismiss the employee with notice. 14.—MOVEMENT IN WAGES (1) All movements in rates of pay, including productivity based wage increases, covered by this agreement are applica- ble only to the rates of pay provided for in this agreement. Existing over Agreement payments are not affected by these movements. (2) In addition to the productivity based wage increases de- tailed below the following wage increases will apply to employees covered by this Agreement— (a) 3% increase with effect from the first pay period on or after 11 November 1997 on entering into this Agreement; (b) 3% increase with effect from the first pay period on or after 11 November 1998; and (c) 1.875% increase with effect from the first pay pe- riod on or after 11 November 1999. (3) Where the work cycle of any employee or group of em- ployees is altered as provided for in subclause (4) of Clause 10.—Hours of Work and this change involves the employee(s) working a cycle which includes a Saturday and/or Sunday and/ or a normal working day of greater than 7.5 hours, the employee(s) affected shall have their then current rate of pay increased by a further 1.5%. (4) Key Performance Indicators (“KPI’s”) will form the ba- sis of determining the quantum of productivity based wage increases (“KPI Payments”) during the term of the Agreement. KPI payments will be made as follows— (a) The first pay period on or after 11/11/98 1%—4% (b) The first pay period on or after 11/11/99 1%—4% (c) The first pay period on or after 30/06/00 0.625%—2.5% (5) Key Performance Indicators and targets will be estab- lished annually through the SQP Consultative Committee with the first two productivity based payments becoming due at the end of the first and second years of this Agreement respec- tively. The last payment will be made at the end of this Agreement from 30 June 2000. KPI based payments are dependent on continued active par- ticipation in the SQP programme. The Company will make the necessary resources available to assist in the development of the Key Performance Indicators used for the purposes of this clause and to ensure that measurement of the Key Per- formance Indicators is fair and accurate. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2299 78 W.A.I.G. Employees will be kept informed of the progress and meas- urement of the Key Performance Indicators through consultation and regular reports giving feedback in each area. 15.—PAYMENT OF WAGES (1) Each employee’s wages will be paid regularly each week on a nominated day Monday to Friday provided that if the employee and employer agree, wages may be paid on a fort- nightly basis. From the date of any such agreement the employee will be paid one week’s wages in advance to pre- vent any financial difficulties arising. At the time of an employee leaving the company the one week’s wages paid in advance shall be deducted from the employee’s termination payment. (2) The method of payment of wages may be by cash or direct transfer of funds into a bank or financial institution nomi- nated by the employee. If an employer uses direct transfer as the method of payment, employees are obliged to comply with this method provided that they are not disadvantaged by way of the times of availability of pay. (3) An employee who lawfully leaves his or her employ- ment or is dismissed for reasons other than misconduct will be paid all monies due at termination before leaving the employ- er’s premises or alternatively (except for casual employees), a cheque for the amount due may be forwarded to the employ- ee’s last known address within 48 hours of such termination. 16.—SQP PROGRAMME (1) It is recognised by the parties that the key to productive and harmonious working relationships lies in establishing and maintaining effective consultative mechanisms that will. (2) Ensure that the views of the employees are known and taken into account by the Company. (3) Provide management with an informed basis upon which to make decisions. (4) To this end, it is agreed that the SQP Consultative Com- mittee continue to operate by constitution as provided for in Appendix B to this Agreement. (5) The key purpose of the Committee is to promote a spirit of co-operation. Each party will give constructive and sympa- thetic consideration to all views and representations submitted tot he Committee with a view to furthering the common well being of the establishment as a whole. (6) Employee representatives on the Committee are required to keep their constituents advised on matters arising at the meeting. (7) The Company will consult with employee representa- tives on the Committee and give prompt consideration to matters raised by employees. (8) In order to encourage the improvement of all employees in the ongoing search for measures to improve safety, quality and productivity. (9) To otherwise foster a fully committed and informed workforce. 17.—UNION AWARENESS At the time of engagement all new employees will be pro- vided by the employer with information about the Union. Such information shall be in the form of a “New Member Kit” to be supplied by the Union. The elected on site Union representa- tive shall be allowed reasonable time to discuss the Union with any new employes within one week of commencing employ- ment. 18.—PARENTAL LEAVE Parental Leave will be in accordance with the provisions of Appendix C of this Agreement. 19.—EQUAL EMPLOYMENT OPPORTUNITY The Company is an equal opportunity employer and is com- mitted to an Affirmative Action Programme. 20.—PERSONAL FILES (1) Employee personal files shall be kept securely and ac- cess shall be permitted to these files in accordance with this clause. (2) The Managing Director or his representative shall be responsible for keeping the personal files of all employees. (3) An employee’s personal file shall be available for pe- rusal by the employee, and where the employee representative has the relevant employee’s written permission, the employee representative under the supervision of the Managing Direc- tor or his representative, shall be allowed access at all reasonable times. (4) An employee shall have the right to include a statement of their own on their file. 21.—INTRODUCTION OF CHANGE AND REDUNDANCY Where the company has made a definite decision to intro- duce major changes in production, program, organisation, structure or technology that are likely to have significant ef- fects on to employees, the Company will notify the employees who may be affected by the proposed changes and their Union or Unions. The Company will discuss with the employees affected and their Union, the introduction of the changes, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of those changes on employees and will give prompt consideration to matters raised by the employees and their Union in relation to the changes. For the purpose of this discussion, the Company will pro- vide in writing to the employees concerned and their Union, all relevant information about the changes including the na- ture of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that the Company will not be required to disclose confidential information the disclosure of which would be contrary to the Company’s interests. (1) Redundancy— (a) Discussions Before Redundancies— Where any employer has made a definite decision that the employer no longer wishes the job the em- ployee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer must hold discussions with the employees directly affected and with their Union. (b) Transfer to Lower Paid Duties— Where an employee is transferred to lower paid du- ties for reasons set out in subclause (i) above the employee will be entitled to the same period of no- tice of transfer as he or she would have been entitled to if his or her employment had been terminated, and the Company may, at the Company’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 lower ordinary time rates for the number of weeks of notice still owing. (c) Severance Pay— In lieu of the notice prescribed for ordinary termina- tion an employee whose employment is terminated for reasons set out in subclause (i) above will be en- titled to— (i) four weeks notice or payment in lieu thereof; (ii) two weeks pay for each year of service to a maximum of 30 weeks’ for 15 years service; (iii) one weeks pay for each year of service after 15 years to a maximum of 10 weeks for the years between 15 and 25; and (iv) payment of $1,000 for each completed year of service to a maximum of $10,000; (v) an employee aged 45 years of more at the time the employee’s employment is terminated by reasons of redundancy will be paid one addi- tional week’s severance pay; (vi) 50% of accrued sick leave will be paid out; (vii) “weeks pay” means the ordinary base weekly rate of wage for the employee concerned. (d) For the purpose of this clause, continuity of service will not be broken on account of— (i) any interruption or termination of the employ- ment by the Company if that interruption or WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2300 termination has been made merely with the intention of avoiding obligations under this Agreement in respect of leave of absence; (ii) any absence from work on account of personal sickness or accident for which an employee is entitled to claim sick pay as prescribed by this Agreement or on account of leave lawfully granted by the Company; or (iii) any absence with reasonable cause, the proof of which will be upon the employee; provided that in the calculation of continuous serv- ice under this subclause, any time in respect of which an employee is absent from work except time for which an employee is entitled to claim annual leave, sick leave, long service leave and public holidays as prescribed by this Agreement will not count as time worked. (e) Service by the employee in circumstances where the Company is transmitted to another employer and the employee’s service is deemed continuous in accord- ance with the long service leave General Order of the Western Australian Industrial Relations Commis- sion will also constitute continuous service for the purpose of this clause. (2) Employee Leaving During Notice— An employee whose employment is terminated for rea- sons set out in subclause (1) above may terminate his or her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had he or she remained with the employer until the expiry of that notice. In such circumstances the em- ployee will not be entitled to payment in lieu of notice. (3) Alternative Employment— The Company, in a particular redundancy case, may make application to the