Gladstone Power Station (Redundancy) Regulation 1994

Queensland Gladstone Power Station Agreement Act 1993 GLADSTONE POWER STATION (REDUNDANCY) REGULATION 1994 Reprinted as in force on 23 June 1995 (regulation not amended up to this date) Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2004 SL No. 172 s 33 * Minor differences in style between this reprint and another reprint with the same number are due to the conversion to another software program. The content has not changed.

Information about this reprint This regulation is reprinted as at 23 June 1995. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have been made to— • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for information about when provisions commenced.

Queensland GLADSTONE POWER STATION (REDUNDANCY) REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 When does a role become redundant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Employees who are not entitled to benefits. . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Notification of redundancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Consultation after notification of redundancies. . . . . . . . . . . . . . . . . . . . . . . 4 7 Procedure after notification of redundancies. . . . . . . . . . . . . . . . . . . . . . . . . 5 8 6 month’s notice of retrenchment must be given. . . . . . . . . . . . . . . . . . . . . . 6 9 Early separation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Retrenchment payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Retraining expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Relocation expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Time off to seek other employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 CES must be notified of redundancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Statement of employee’s service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Problem solving processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Amendment of retrenchment procedures and benefits . . . . . . . . . . . . . . . . . 10 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s2 Gladstone Power Station (Redundancy) Regulation 1994 GLADSTONE POWER STATION (REDUNDANCY) REGULATION 1994 [reprinted as in force on 23 June 1995] 1 Short title This regulation may be cited as the Gladstone Power Station (Redundancy) Regulation 1994 . 2 Definitions In this regulation— “all purpose rate” has the meaning given in the award. “award” means the Gladstone Power Station Award—State. “company” means NRG Gladstone Operating Services Pty Ltd. “date of transfer” has the meaning given in the State agreement. “employee” means an employee of the company at the Gladstone Power Station after the date of transfer. “former QEC employee” means an employee who— (a) immediately before the date of transfer was employed by the Queensland Electricity Commission at the Gladstone Power Station; and (b) became an employee on the date of transfer because of the Power Station Sale Agreement. “representatives” means the industrial organisations of employees who are bound by the award. “role” means work of a particular kind with the company at Gladstone Power Station. “service” means the term of continuous service (within the meaning of the Industrial Relations Act 1990 ) with the company and, for a former QEC employee, includes the term of continuous service stated in the employee’s certificate given under section 26 of the Act.

s3 4 s6 Gladstone Power Station (Redundancy) Regulation 1994 3 When does a role become redundant? A role becomes redundant when the company decides its need for the role has diminished or ceased. 4 Employees who are not entitled to benefits An employee who is retrenched is not entitled to benefits under this regulation if the employee— (a) unreasonably refuses suitable alternative employment at Gladstone Power Station offered by the company; or (b) dies or suffers a permanent injury or illness making the employee incapable of continuing employment with the company; or (c) is engaged in a casual capacity or for a specific task; or (d) has less than 1 year of service; or (e) terminates employment during the period of notice given under section 8 without the company’s prior approval, unless the approval is unreasonably withheld. 5 Notification of redundancies When the company decides a role is redundant it must promptly notify the employees and their representatives of— (a) the reasons for the role becoming redundant; and (b) the location and description of the redundant role; and (c) the number of employees to be affected by the redundancy. 6 Consultation after notification of redundancies Promptly after the notice is given, the company must consult with the employees and their representatives about the implementation of this regulation.

s7 5 s7 Gladstone Power Station (Redundancy) Regulation 1994 7 Procedure after notification of redundancies (1) Promptly after the notice is given, the company and each employee in the role must together consider the employee’s competencies in the role to decide if— (a) the employee can perform work in a vacant role; or (b) the employee, with reasonable retraining, could perform work in another role. (2) An employee is not entitled to benefits under this regulation if the employee— (a) agrees to perform another role; or (b) unreasonably refuses to agree to perform another role. (3) Subsection (2) does not apply to an employee if within 3 months of performing another role, the employee or company find the other role to be unsatisfactory. (4) When a role becomes redundant an employee who can demonstrate the necessary competencies to perform the role may nominate to be considered for retrenchment. (5) If more than 1 employee nominates for retrenchment— (a) the company must select the employee to be retrenched on the basis of demonstrated core competencies, assessed performance, demonstrated commitment to the company and equity; and (b) all employees who operate boiler and turbine units are taken— (i) to be the same classification; and (ii) to have the same demonstrated core competencies for the purposes of paragraph (a). (6) If an employee whose role has become redundant agrees to perform another role, for which a rate of pay lower than the rate paid for the redundant role is paid, the company must pay the employee the rate for the redundant role. (7) Payment at that rate must be made— (a) for 2 years from the employee starting work in the other role; or (b) until the all purpose rate of pay for the other role is more than the rate for the redundant role.

s8 6 s9 Gladstone Power Station (Redundancy) Regulation 1994 (8) If an employee who is a shift worker is to be retrenched— (a) the employee must receive, until the retrenchment, at least the average loadings that applied to the roster the employee would have worked had the employee not been retrenched; and (b) other payments to the employee under this regulation must also be based on this principle. (9) The company must notify an employee who has been retrenched of any appropriate vacancies with the company for 2 years after the retrenchment. 8 6 month’s notice of retrenchment must be given The company must give an employee who is to be retrenched at least 6 months written notice (a “retrenchment notice” ) of the day the employee is to be retrenched. 9 Early separation (1) An employee who has been given a retrenchment notice must apply to the company within 14 days after receiving the notice if the employee wants— (a) to terminate employment before the retrenchment day mentioned in the retrenchment notice; and (b) to be considered for an early separation incentive payment. (2) If the company approves the early separation— (a) the company must give the employee written notice of the approval; and (b) the employee’s employment ends 14 days after the notice mentioned in paragraph (a); and (c) the company must pay the employee an early separation incentive payment. (3) An early separation incentive payment is 13 weeks’ pay at the all purpose rate. (4) An early separation incentive payment is additional to the retrenchment payment mentioned in section 10.

s 10 7 s 10 Gladstone Power Station (Redundancy) Regulation 1994 10 Retrenchment payments (1) The company must pay an employee who has been retrenched an amount (a “retrenchment payment” ) equal to the all purpose rate of pay for the number of total weeks according to the years of service completed by the employee set out in the following table— SCALE OF RETRENCHMENT PAYMENTS Completed years of service Weeks per year of service Total weeks 1 44 2 24 3 26 4 28 5 2 10 6 2 12 7 2 14 8 2 16 9 2 18 10 2 20 11 2 22 12 2 24 13 2 26 14 2 28 15 2 30 16 2 32 17 2 34 18 2 36 19 2 38 20 2 40 21 2 42 22 2 44 23 2 46 24 2 48

s 11 8 s 12 Gladstone Power Station (Redundancy) Regulation 1994 SCALE OF RETRENCHMENT PAYMENTS Completed years of service Weeks per year of service Total weeks 25 26 or more 2 2 50 52 (2) The retrenchment payment to an employee who has completed more than 2 years service must include a proportionate amount for any incomplete year of service. (3) The company must also pay the employee— (a) an amount for long service leave of 1.3 weeks for each year of service, and a proportionate amount for an incomplete year of service, less any long service leave taken; and (b) a superannuation benefit calculated under the trust deed of the Gladstone Power Superannuation Plan. (4) The company must give the employee an estimate of the total payment at least 14 days before the employment ends. 11 Retraining expenses The company must reimburse an employee for the expenses of retraining the employee approved by the company and substantiated by the employee, up to an amount agreed between the company and the employee before the employment ends. 12 Relocation expenses (1) If a retrenched employee must relocate to find suitable alternative employment, the company must reimburse the employee’s reasonable relocation expenses. (2) The maximum payment is the amount that would relocate the employee to the nearest capital city. (3) Relocation expenses are only payable if a claim for expenses is made within 3 months of the employment with the company ending.

s 13 9 s 16 Gladstone Power Station (Redundancy) Regulation 1994 13 Time off to seek other employment (1) An employee who has been given notice that the employee’s role is redundant must be given an appropriate amount of leave at full pay to seek other employment. (2) The leave is subject to the company’s normal approval procedures. 14 CES must be notified of redundancies When a role becomes redundant and after consultation with the employees in the role and their representatives, the company must notify the Commonwealth Employment Service of the number and details of employees who will be affected by the redundancy. 15 Statement of employee’s service The company must give an employee who is to be retrenched a notice stating the employee’s— (a) name; and (b) period of employment; and (c) latest role; and (d) reason for termination; and (e) demonstrated competencies. 16 Problem solving processes (1) This section applies if an employee considers a decision of the employee’s immediate manager about the application of this regulation is unfair. (2) The employee may appeal against the decision to the employee’s manager once removed. (3) Subsection (2) does not affect— (a) the employee’s right to take a proceeding about the employee’s rights under this regulation in a court of competent jurisdiction; or

s 17 10 s 17 Gladstone Power Station (Redundancy) Regulation 1994 (b) the application of the problem solving process outlined in the award. 17 Amendment of retrenchment procedures and benefits This regulation does not prevent the company and its employees from agreeing to different redundancy procedure and benefits for retrenchments and redundancies.

11 Gladstone Power Station (Redundancy) Regulation 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Gladstone Power Station (Redundancy) Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

12 Gladstone Power Station (Redundancy) Regulation 1994 4 List of legislation Gladstone Power Station (Redundancy) Regulation 1994 SL No. 115 notfd gaz 25 March 1994 pp 1228-32 commenced on date of notification © State of Queensland 2004