Redundancy, redeployment and retrenchment

Redundancy, redeployment and retrenchment

45. REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT

Application

45.1 This clause only applies to continuing Staff Members.

Notice

45.2 Where, as a consequence of clause 44, Managing Change in the Workplace it has been determined to make a specific position redundant, the University will provide six months notice of retrenchment and associated redeployment period to the Staff Member (Notice Period).

45.3 Where a Staff Member is provided with notice of retrenchment, the University may offer the Staff Member an option of reducing the Notice Period to three months in order to receive an additional lump sum payment (Reduced Notice Period). A Staff Member will have a period of two weeks from the date of notification to accept this offer.

Redeployment

45.4 The University will take all reasonable steps during the notice period to identify positions to which the Staff Member may be redeployed including giving priority consideration to the placement of Staff Members seeking redeployment. Priority consideration includes a right to interview for any position that the Staff Member, in consultation with the University, identifies as a potential redeployment opportunity.

45.5 Where the University identifies a position that may be suitable, it will:

(a) review the skills needed to perform the essential requirements of the position;

(b) assess if the Staff Member has the necessary skills and relevant experience or is able to be retrained to perform in the position;

(c) where it is assessed that the Staff Member i s able to be retrained, provide such training as is necessary; and

(d) offer to redeploy accordingly.

45.6 The Staff Member will not refuse a reasonable offer of redeployment or training and may only be redeployed to a lower classified position by agreement.

45.7 Where a Staff Member is redeployed to a lower classified position, the Staff Member will receive maintenance of salary payments from the date of transfer for a period of 12 months. The salary maintenance will not include payment of Allowances that were particular to the previous position and not relevant to the new position.

45.8 Where appropriate, the University may offer a Staff Member a trial redeployment period (Trial Period) provided that the trial period is no longer than the relevant notice period. During the Trial Period, the Supervisor and the Staff Member will be provided with an opportunity to trial the suitability of a position. The University or the Staff Member may end the Trial Period by giving 10 days written notice.

45.9 A Staff Member will not relinquish their entitlement to a retrenchment benefit unless at the end of the Trial Period they are made an offer of suitable redeployment.

45.10 If at the end of the relevant notice period the University has been unable to redeploy the Staff Member then, as a last resort, the Staff Member's employment will be terminated and the retrenchment benefit paid.

Resignation before Retrenchment

45.11 If, during the period of notice, a Staff Member, whose position has been made redundant under this clause 45, resigns their employment or agrees that redeployment is not an option, they will still be entitled to payments under subclause 45.12 plus a payment for the balance of the notice period or four weeks’ pay whichever is the lesser.

Retrenchment Benefit

45.12 A Staff Member who is retrenched will be entitled to a retrenchment benefit in accordance with the table:

Component

Calculation

Eligibility

(a) a lump sum payment calculated in accordance with the Continuous Service Scale

Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation

All Staff

(b) any entitlements to accrued annual leave

Calculated in accordance with subclause 27.15

All Staff

(c) any entitlements to long service leave

Calculated in accordance with subclause 29.10

The proportionate entitlement will be calculated in accordance with subclause 29.6.

All Staff with an accrued entitlement.

A Staff Member with at least five but less than 10 years Continuous Service will be paid a proportionate entitlement.

(d) a lump sum payment equivalent to 13 weeks salary

Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation

A Staff Member who is offered and accepts the option of a Reduced Notice Period

45.13 In addition to the Retrenchment Benefit, a Staff Member whose position has been made redundant and is not receiving a Voluntary Redundancy Benefit referred to in subclauses 45.15 – 45.17 will also be entitled to:

(a) up to $1000 (inc. GST) in financial support to be used towards independent financial advice, payable upon the provision of a receipt to the University;

(b) career transition support of up to $2500 (inc. GST) payable on receipt of invoice or receipt. University-approved providers will provide career transition support; and

(c) up to one day of time off without loss of pay for each week of notice to attend necessary employment interviews. The Staff Member, at the request of the University, will be required to provide proof of attendance at an interview or payment will not be made for the time absent.

Continuous Service Scale

45.14 Continuous Service will be calculated in accordance with the scale below and capped at a maximum of 52 weeks.

Length of Continuous Service

Severance Pay

Less than 1 year

4 weeks

1 year and less than 2 years

8 weeks

2 years and less than 3 years

12 weeks

4 years and less than 5 years

15 weeks

After 5 years

18 weeks plus 2 weeks for each additional year of Continuous Service or pro-rata for part thereof and capped at maximum of 52 weeks

Voluntary Redundancy

45.15 The University may invite a Staff Member to apply for voluntary redundancy. A Staff Member will have a period of six weeks from the date of an invitation to submit an application for voluntary redundancy. If a Staff Member submits an application for voluntary redundancy within two weeks of the date of the invitation and the University accepts the application, the Staff Member will be entitled to a lump sum payment of four weeks salary in addition to the voluntary redundancy benefit. The University may reject any application for voluntary redundancy where it considers that the position is necessary to its ongoing operations.

45.16 Where the University accepts an application for voluntary redundancy, the University will consult with the Staff Member before confirming the final date of employment.

45.17 The voluntary retrenchment benefit will be calculated in accordance with the table:

Component

Calculation

Eligibility

(a) a lump sum payment of 20 weeks salary;

Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation

All Staff

(b) a lump sum payment calculated in accordance with the Continuous Service Scale

Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation

All Staff

(b) any entitlements to accrued annual leave

Calculated in accordance with subclause 27.15

All Staff

(c) any entitlements to long service leave

Calculated in accordance with subclause 29.10

The proportionate entitlement will be calculated in accordance with subclause 29.6.

All Staff with an accrued entitlement.

A Staff Member with at least five but less than 10 years Continuous Service will be paid a proportionate entitlement.

(e) a lump sum payment equivalent to four weeks salary

Calculated at the Staff Member's Base Salary (excluding loadings) at the date of cessation

A Staff Member who has submitted an application for Voluntary Redundancy within two weeks of the date of the invitation

45.18 Where appropriate, the University will consider a substitution process ('job swap') to allow an exchange of positions between an affected Staff Member and another continuing employee who has indicated they may accept a voluntary redundancy. This process will be managed on a case by case basis and must be approved by the Director, Human Resources or Manager, Employee Relations.

Re-employment after Redundancy or Retrenchment

45.19 A Staff Member who has received a voluntary redundancy benefit or a retrenchment benefit will not be re-employed in any capacity, by the University, within one year of the last day of duty of the Staff Member or a shorter period with the approval of the Director, Human Resources (or Manager, Employee Relations).

45.20 If requested by a Staff Member, who is terminated by way of redundancy or retrenchment, the University will provide a letter certifying that they occupied a position deemed to be surplus to the requirements of the University.

Redundancy Review

45.21 A Staff Member who elects to seek a review of the decision to declare their position redundant must apply to the Director, Human Resources within 7 working days of receipt of the redundancy notice.

45.22 On receipt of a request for a Review the Director, Human Resources will establish a Redundancy Review Committee (RRC). The RRC will comprise:

(a) a Chair appointed by the Director, Human Resources from a pool agreed between the Director, Human Resources and the Chair of ASIC. The Chair will be external to the Staff Member’s Faculty or may be external to the University;

(b) one Staff Member appointed by the Director, Human Resources; and

(c) one Staff Member appointed by the NTEU.

45.23 The RRC will be convened within 10 working days of the request for review being received by the Director, Human Resources. The RRC’s role will be to review documentation relevant to the decision to declare a position redundant and report whether:

(a) fair and objective criteria were used to identify the redundant position; and

(b) in the case of more than one redundancy, the University acted fairly and properly in the selection of Staff against the criteria.

45.24 The RRC:

(a) will allow the Staff Member (and/or, if they so choose, their Representative) to address the reasons for requesting a review, respond to any documentation before the RRC and answer any questions from the RRC;

(b) may seek further material and meet with other Staff or representatives of the University if it considers necessary.

45.25 The RRC will provide a report of its findings to the Director, Human Resources who will forward the report and associated materials to the appropriate Deputy Vice-Chancellor or equivalent for consideration and decision.

45.26 The Deputy Vice-Chancellor or equivalent may:

(a) confirm that the redundancy and retrenchment will proceed as advised; or

(b) request the Executive Dean reconsider the criteria used to identify redundant positions; and/or

(c) review the Staff chosen for retrenchment.

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