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Erinandmads
19-06-2012, 02:13 PM
Hi

I was wondering if anyone could advise of my obligations as an employee in terms of notice of resignation. I am currently employed under the SACS Modern award that refers to termination notice to be as per NES - which for employees who have been with the organisation for less than 1 yr notice to be given is 1 week. However, I signed a contract when I commenced and there is a clause in my contract that stipulates I need to provide a minimum of 4 weeks notice. Does the NES override the contract?

The other point is that my contract has a section referring to my probation period (that ends tomorrow). In this section it states that the employer can provide 2 weeks notice of terminating the employee during this period. Does that mean that regardless of the clause relating to the 4 weeks, the probation clause could override (even though it doesn't stipulate emploee notice requirement during this period)

Hope someone can help!

Sonya P
19-06-2012, 03:10 PM
So their contract doesn't agree with their own award?

My understanding is that the NES is designed to protect the worker by setting down minimum employment terms. So it states the minimum notice the employer must give to you - however it doesn't say anything about how much notice you must give the employer.

It appears to me that they are trying to make you give them more notice than they have to give you!

Frankly, If I were you I would call the FWA and ask their advice.

Erinandmads
19-06-2012, 03:18 PM
It seems a bit wrong...

I called the Fair Work Ombudsman and they told me that they can't provide legal advice as to whether the NES would override the contract. I can't get legal advice until tomorrow and I really need the information today!
Thanks for your input!

Qld IR Consultant
20-06-2012, 11:26 AM
It depends on how your contract interacts with the Award. Sonya is correct that the NES is the minimum, but its not necessarily the rule. I'd have to see your contract but any contract or EA cannot make you worse off overall when compared to the provisions of the relevant award.