WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Communicare and Others. No. 253 of 1998. Child Care (Out of School Care—Playleaders) Award. No. A 13 of 1984. COMMISSIONER S.J. KENNER. 3 June 1998. Order. HAVING heard Ms S. Ellery on behalf of the Applicant and Mr P. Robertson on behalf of the Respondents and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Child Care (Out of School Care— Playleaders) Award be varied in accordance with the following Schedule and that such variation shall have ef- fect from the beginning of the first pay period commencing on or after 20th day of May, 1998. (Sgd.) S.J. KENNER, [L.S.] Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2436 Schedule. 1. Clause 2.—Arrangement: After the number and title “25. Award Modernisation and Enterprise Consultation” add the following new number and title— 26. Redundancy 2. Clause 25.—Award Modernisation and Enterprise Con- sultation. After this clause insert the following new clause— 26.—REDUNDANCY (1) Definition Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of la- bour. (2) Transfer to lower paid duties Where an employee is transferred to lower paid du- ties by reason of redundancy the same period of notice must be given as the employee would have been en- titled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing. (3) Severance Pay (a) In addition to the period of notice prescribed for ordinary termination in the contract of serv- ice clause in this award, an employee whose employment is terminated by reason of redun- dancy must be paid, subject to further order of the Commission, the following amount of sev- erance pay in respect of a continuous period of service— Period of continuous service Severance pay 1 year or less Nil 1 year and up to the completion of 2 years 4 weeks pay 2 years and up to the completion of 3 years 6 weeks pay 3 years and up to the completion of 4 years 7 weeks pay 4 years and over 8 weeks pay (b) “Weeks pay” means the ordinary time rate of pay for the employees concerned. (c) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal re- tirement date. (4) Employee leaving during notice period An employee whose employment is terminated by reason of redundancy may terminate his/her employ- ment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circum- stance the employee will not be entitled to payment in lieu of notice. (5) Alternative employment An employer, in a particular redundancy case, may make application to the Commission to have the gen- eral severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. (6) Time off during notice period (a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the pur- pose of seeking other employment. (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive pay- ment for the time absent. For this purpose a statutory declaration will be sufficient. (7) Superannuation benefits (a) Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, he or she shall only receive under subclause (3) hereof the difference between the severance pay specified in that clause and the amount of the superannuation benefit he or she receives which is attributable to employer contributions only. (b) If this superannuation benefit is greater than the amount due under subclause (3) hereof then he or she shall receive no payment under that clause. (8) Employees exempted (a) This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including ineffi- ciency within the first fourteen days, neglect of duty or misconduct, and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks. (b) Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall, once the traineeship is completed and provided that the trainee’s services are retained, have all service including the train- ing period counted in determining entitlements. In the event that a trainee is ter- minated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship shall be counted as service in de- termining any future redundancy entitlements. (9) Incapacity to pay An employer, in a particular redundancy case, may make application to the Commission to have the gen- eral severance pay prescription varied on the basis of the employer’s incapacity to pay. CHILDREN’S SERVICES (PRIVATE) AWARD. No. A10 of 1990.