Access to the award and the National Employment Standards The employer must ensure that a copy of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. The National Employment Standards and this award The and this award contain the minimum conditions of employment for employees covered by this award. Individual flexibility arrangements [Varied by , ; 7—Award flexibility renamed and substituted by ppc 01Nov18] Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer: arrangements for when work is performed; or overtime rates; or penalty rates; or allowances; or annual leave loading. An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress. An agreement may only be made after the individual employee has commenced employment with the employer. An employer who wishes to initiate the making of an agreement must: give the employee a written proposal; and if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made. An agreement must do all of the following: state the names of the employer and the employee; and identify the award term, or award terms, the application of which is to be varied; and set out how the application of the award term, or each award term, is varied; and
for casual employees, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for; for any employee subject to probationary employment, the length and terms of the probation; or other main conditions of employment including the identity of the employer, or the documentary, or other recorded sources from which such conditions derive, and the duties and reporting relationships to apply upon appointment that can be ascertained. Termination of employment [15 substituted by ppc 01Nov18] Note: The sets out requirements for notice of termination by an employer. See ss.117 and 123 of the . Notice of termination by an employee This clause applies to all employees except those identified in ss.123(1) and 123(3) of the . An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1. Table 1—Period of notice Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given Column 2 Period of notice Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks Note: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee. In paragraph (b) continuous service has the same meaning as in s.117 of the . If an employee who is at least 18 years old does not give the period of notice required under paragraph (b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee. If the employer has agreed to a shorter period of notice than that required under paragraph (b), then no deduction can be made under paragraph (d).