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Australia’s Awards system is defined by its complexity

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The Fair Work Act 2009 requires employers to consider redeployment opportunities for employees as an alternative to redundancy. This sample letter is intended to be used by employers when an offer of redeployment is being made within the company, or within any of its associated entities. This letter is specific to award or agreement covered employees.

This sample letter is designed to be accompanied by a contract of employment. Employers should seek advice from the Ai Group in tailoring this letter and any employment contract to the needs of the business.

Where an employee does not have a written contract of employment, care should be taken when following the instructions to ensure that no additional documents containing terms and conditions are referred to. It is important to note that the Ai Group recommends that employees have a written employment contract and can assist in the drafting of such contracts. For further assistance please call the Workplace Advice Line on 1300 55 66 77.

Note: a modern award or enterprise agreement may contain a provision which states that an employee who is transferred to lower paid duties because their position has been made redundant must be given the same period of notice as they would have been entitled to receive if their employment had been terminated. The employer may choose to pay an amount equal to the difference between the former rate of pay and the new rate of pay for the number of weeks of notice owing. This needs to be considered when establishing the commencement date of the new position.

Guidance notes and instructions are shown italicised.

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