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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I work for Bluecare In an Aged Care facility in Ipswich,Queensland. Six

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I work for Bluecare In an Aged Care facility in Ipswich,Queensland.
Six weeks ago they said the facility would be closing due to the building not being up to standard We had 80 residents whch is at the moment down to 30 residents.
We had passed the agencies 44 recommendations three weeks before this action was taken
We have a staff of 109 people - nurses, maintence & domestics
My questions is the Bluecare HR department has had interviews with some staff members including myself who has worked for Bluecare for 25 years which he told all of us on his spreadsheet what money we would be given - myself because of the EBA I would receive only 16 weeks wages plus my all my leave. We must stay until they tell us to go if we leave at this moment I would not get the 16 weeks redunancy package, Nothing has been given to the staff in writing everything is rumour etc.. I have been to the AWu who say nothing can be done ? Is this correct regards XXXXX
Unfortunately if that is what is in your enterprise agreement then that is what you are entitled to by way of redundancy pay, though the usual cap under the Fair Work Act is only 12 weeks for service over 10 years.

If you have been there for 25 years though you likely are entitled to long service leave payments as well as regular accumulated pay. You will need to check this with the union however since they presumably negotiated the enterprise bargain which governs your employment.

I trust the above assists your understanding.

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