| | LABOUR FLEXIBILITY |
| 260 | The University agrees that it will consult with affected employees, and the SCG regarding any proposed significant organisational change that will affect the staffing profile of the institution, including any proposed contracting out of work. |
| 261 | The University and its employees recognise the University's need to use contract labour for the implementation of specialised services or events, which may be typified by the following: |
| a) | where there is a need for specialised equipment or specialised services, such as the installation of computer and communications equipment, building and plant maintenance projects, and occasional special events; |
| b) | where the skills are not possessed by the University's employees, and cannot be readily developed or funded; |
| c) | where there is a requirement to meet peak or above normal demands which cannot reasonably be met through internal staff deployment; |
| d) | demonstrable cost efficiencies. |
| 262 | Where contracting out of work affects the staffing profile of the institution, the University will consider alternatives and document the relative advantages and cost benefits. |
| 263 | The University will promote the training and skills development of staff where the continuing need for specialist contract labour could be more cost effectively met through internal staff deployment. |
| | REDUNDANCY |
| | Definition and application |
| 264 | In this clause redundancy is defined as a situation where an employee is identified as surplus to the needs of the University as a result of the termination of the function formerly performed by the employee, as a consequence of economic, technological or structural change, such as: |
| | a) | financial exigency within an organisational unit or cost centre; |
| | b) | a decrease in student demand or enrolments in any academic course or subject or combination or mix of courses or subjects conducted on one or more campuses; |
| | c) | a decision to cease offering or to vary the academic content of any course or subject or combination or mix of courses or subjects conducted on one or more campusesor to cease support of a research area on any campus; |
| | d) | changes in work methods arising from the introduction of technological development; |
| | e) | a decrease in student demand or enrolments impacting upon workloads; |
| | f) | restructuring and/or the rationalisation of organisational entities and operations, including outsourcing; |
| | g) | legislative change. |
| 265 | The terms of this redundancy clause will not apply to: |
| | a) | casual employees; |
| | b) | apprentices; |
| | c) | fixed term employees. |
| 266 | Forced redundancy will only occur as a result of a change management process and will be used as a last resort. |
| | Notice of termination and redeployment |
| 267 | Prior to the implementation of a decision relating to redundancy, the Vice Chancellor will consider whether: |
| a) | a genuine decision was taken by the University; |
| b) | fair and objective criteria were used; and |
| c) | genuine and adequate consultation was entered into and adequate consideration was given to measures to avert or mitigate the adverse effects of the termination. |
| 268 | An employee whose position has been made redundant, will be notified by the University in writing that their employment with the University will be terminated at the expiration of eight weeks, such notification will state the reason(s) for termination and provide a copy of the Vice Chancellor's consideration under clause 267. The eight weeks notice of termination will hereinafter be referred to as the 'redeployment' period and includes any award or statutory entitlement to notice of termination. |
| 269 | The redeployment period of eight weeks will commence from the date of such notification, provided that an employee may extend the redeployment period for an additional period of up to 12 weeks, such that the maximum period of redeployment will be twenty weeks. |
| 270 | The University will, as part of the notice of termination or as an attachment thereto, provide the employee with the following information: |
| a) | an estimate of the entitlements as to long service leave, annual leave, and leave loading in the event that the employee is made redundant under this Clause; |
| b) | an estimate of the redundancy or severance payment entitlements that the employee would be entitled to in accordance with this redundancy agreement, if redeployment is not feasible; |
| c) | advice as to the process and likelihood of redeployment and the conditions attached thereto; and |
| d) | a copy of this redundancy Clause. |
| 271 | The University may formally offer to redeploy an employee into any reasonable position or location, during or at the end of the agreed period of redeployment. |
| a) | Where an employee declines an offer of redeployment at the same or lower substantive level, the employee will be terminated as if they had been made involuntarily redundant in accordance with the Clause. |
| b) | Where an employee accepts an offer of redeployment at a lower substantive level, the employee's salary will be maintained at the higher level for a period of six months from the date of redeployment, before reverting to the top increment step of the lower level. |
| c) | Where an employee accepts an offer of redeployment no redundancy or severance benefits will be paid. |
| d) | The University may withdraw an offer of redeployment where an employee has failed to provide written notice of acceptance within two weeks of receipt of the offer of redeployment. |
| 272 | Where there is mutual agreement an employee may be redeployed into a position on a trial basis not exceeding six months in duration. At the end of the six month period, subject to mutual agreement, the employee will be redeployed to the relevant position. An employee not redeployed to the position at the end of the trial period will be terminated as if they had been made involuntarily redundant. |
| 273 | During the redeployment period the University will provide priority access to the University's identified training and development programs. |
| | Redundancy entitlements and calculation |
| 274 | Where during the initial eight weeks redeployment period an employee opts to take immediate early separation, the following redundancy payments will apply: |
| a) | a redundancy payment equivalent to twenty weeks salary; plus |
| b) | a further redundancy payment, calculated to the nearest completed month, of three weeks salary for each year of the first ten years continuous service andtwo weeks salary for each year of continuous service with the University, beyond ten years; plus |
| c) | where an employee has reached the age of 45 and has continuous service in excess of one year, an additional redundancy payment of four weeks. |
| d) | the maximum redundancy payment to an employee with less than 12 months service as at the date of termination will be 20 weeks. |
| e) | monetary equivalent of the unexpired portion of the eight weeks notice period as detailed in clause 268. |
| 275 | Where at the expiry of the redeployment period the University determines that the redeployment of an employee is not feasible, and their employment is accordingly terminated, the following redundancy payments will apply: |
| a) | a redundancy payment equivalent to 12 weeks salary; |
| b) | a further redundancy payment, calculated to the nearest completed month, of three weeks salary for each year of the first ten years continuous service and two weeks salary for each year of continuous service with the University, beyond ten years; plus |
| c) | where an employee has reached the age of 45 and has continuous service in excess of one year, an additional redundancy payment of four weeks. |
| d) | the maximum redundancy payment to an employee with less than 12 months service as at the date of termination will be 20 weeks. |
| 276 | The total redundancy payments calculated in accordance with clauses 274 and 275 will not exceed the equivalent of 68 weeks salary, exclusive of the notice period as detailed in clause 268. |
| 277 | The employee will also be entitled to the payment of the following: |
| a) | unpaid long service leave entitlements at the date of termination; and |
| b) | the payment of accrued pro-rata annual leave and pro-rata leave loading at the date of termination. |
| 278 | In the calculation of redundancy and severance payments, the employee's ordinary rate of pay will be used, and any additional allowances over and above the employee's ordinary rate of pay will not apply. |
| 279 | Where an employee has accepted a temporary variation to their substantive appointment whilst retaining a right to return to the terms of the substantive appointment, then the salary level to be used in the calculation of any redundancy will be that applicable to the substantive appointment. |
| | Assistance during redeployment period |
| 280 | An employee will be entitled to the following assistance during the redeployment period: |
| a) | one day per week without loss of pay during the notice period for the purposes of attending to financial affairs, job interviews or other job search activities; |
| b) | on the provision of documentary evidence as to the attendance at job interviews or other job search activities requiring absence in excess of one day in a given week, the number of days considered reasonable by that employee's supervisor in accordance with the circumstances; |
| c) | outplacement support as arranged by HR Services. |
