6.2 Redundancy Redeployment and Retrenchment
6.2.1 Where, as a consequence of the managing change process (clause 4.13), 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).
6.2.2 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. A Staff Member will have a period of two weeks from the date of notification to accept this offer.
6.2.3 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.
6.2.4 Where the University accepts an application for voluntary redundancy, the University will consult with the Staff Member and agree on the final date of employment.
6.2.5 The Voluntary Redundancy Benefit will consist of:
(a) a lump sum payment of 20 weeks salary;
(b) an additional lump sum calculated on length of Continuous Service with the University (see table in subclause 6.2.15(a)); and
(c) all entitlements for accrued annual and long service leave.
6.2.6 A Staff Member who has submitted an application for voluntary redundancy within two weeks of the date of the invitation will, in addition to the payments at subclause 6.2.5, be entitled to a lump sum payment equivalent to four weeks salary.
6.2.7 Payments relating to 6.2.5 (a) and (b) and 6.2.6 will be calculated at the Staff Member's ordinary rate of pay (excluding loadings) at the date of cessation.
Redundancy, Redeployment and Retrenchment
6.2.8 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 identifies as a potential redeployment opportunity.
6.2.9 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 is able to be retrained, provide such training as is necessary; and
(d) offer to redeploy accordingly.
6.2.10 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.
6.2.11 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.
6.2.12 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.
6.2.13 A Staff Member will be allowed up to one day's 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.
6.2.14 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.
6.2.15 A Staff Member who is retrenched will be entitled to the following payments:
(a) Payment in respect of Continuous Service with the University as follows provided that the total payment does not exceed the equivalent of 52 weeks pay.
Payment is based on the length of continuous service, where:
- up to one year, four weeks severance pay
- one year and less than two years, eight weeks severance pay
- two years and less than three years, 12 weeks severance pay
- nthree years and less than four years, 15 weeks severance pay
- four years and less than five years, 18 weeks severance pay
- after five years, 18 weeks plus two weeks pay for each additional year of Continuous Service or proportionate for part thereof.
(b) A Staff Member who is offered and accepts the option to reduce the Notice Period to three months will, in addition to the payments at subclause 6.2.15 (a), be entitled to a lump sum payment equivalent to 13 weeks salary.
(c) Entitlements in the form of accrued annual and long service leave. For a Staff Member with more than five years Continuous Service but less than 10 years, a proportionate entitlement will be paid in respect of long service leave.
6.2.16 Payments relating to 6.2.15 (a) and (b) of the Retrenchment Benefit will be calculated at the Staff Member's ordinary rate of pay (excluding loadings) at the date of cessation.
6.2.17 If, during the period of notice, a Staff Member, whose position has been made redundant under this clause 6.2, resigns their employment or agrees that redeployment is not an option, they will still be entitled to payments under subclause 6.2.15 plus a payment for the balance of the notice period or four weeks pay whichever is the lesser.
6.2.18 A Staff Member whose position has been made redundant and is not receiving a Voluntary Redundancy Benefit referred to in subclause 6.2.5 will also be entitled to:
(a) up to two counselling sessions from an independent financial adviser nominated and paid for by the University; and
(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.
Re-employment after Redundancy or Retrenchment
6.2.19 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).
6.2.20 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.
6.2.21 A Staff Member may seek a review of a determination by the University to make their position redundant.
6.2.22 A Staff Member who elects to seek a review of the decision to declare the position they hold redundant must apply to the Director, Human Resources within seven working days of receipt of the redundancy notice.
6.2.23 On receipt of a request for a review the Director, Human Resources will appoint a Redundancy Reviewer. The Reviewer will be appointed from a pool agreed between the Vice-Chancellor and the Chair of the MUCC. The Reviewer will be external to the Staff Member's faculty/office and may be external to the University.
6.2.24 The Reviewer will, within 10 working days of appointment by the Director, Human Resources review documentation relevant to the decision to declare a position redundant. The Reviewer will prepare a written report on 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.
6.2.25 The Reviewer
(a) will allow the Staff Member and/or, if they so choose, their Staff representative to address the reasons for requesting a review; to respond to any documentation before the RRC and to answer any questions from the RRC;
(b) may seek further material and meet with other Staff or representatives of the University it considers necessary.
6.2.26 The Reviewer will provide a report of their 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. Upon request, a copy of the report will also be provided to the Staff Member.
6.2.27 The Deputy Vice-Chancellor or equivalent may:
(a) overturn a decision to declare a Staff Member's position redundant;
(b) request the Head reconsider the criteria used to identify redundant positions;
(c) review the Staff chosen for retrenchment; and/or
(d) confirm that the redundancy and retrenchment will proceed as advised.