ANU EA 2017-2021
56.1. This clause applies to staff on continuing employment. This clause does not apply to fixed term employment, continuing (contingent funded) employment, casual employment, employment schemes in clause 14.8 or terminations due to disciplinary action.
56.2. By agreement the University and the staff member, and where the staff member chooses their union or staff representative, may vary the redundancy provisions provided in this clause.
56.3. The University will act in accordance with the managing change provisions (clause 68) when applying the redundancy provisions.
Grounds for Redundancy
56.4. The University may determine that a position undertaken by a staff member is no longer required for reasons of an economic, structural or similar nature including:
- financial imperative and/or staffing constraints;
- a decision to vary the academic content in any academic program or course, including to reduce, cease offering or combining courses or subjects conducted on one or more campuses;
- reduced demand, student load or other workload factors; or
- changes in technology or work methods.
56.5. A staff member whose position is identified as surplus will be advised in writing of this situation, including the reasons that this is to occur and the likely timeline. The staff member will also be advised that they can seek assistance from a union or staff representative and will be provided with a copy of this clause and the relevant policies and procedures.
56.6. This advice will signal the commencement of a 12 week period in which the staff member may be redeployed, or the staff member may seek approval for an early termination in accordance with clause 56.22 below.
56.7. The University will seek to redeploy a staff member whose position is declared surplus into a suitable alternative position within 12 weeks of the staff member’s position being declared surplus.
56.8. A suitable alternative position means a position which has substantially the same duties, classification level and career standing as the redundant position and for which the staff member currently possesses the skills and experience (or could reasonably be expected to develop the required skills within a limited period) to satisfactorily perform the duties of the position.
56.9. There will be no impediments to the redeployment of a staff member caused by a transfer of accrued entitlement liability to a receiving area. The staff member will retain continuity of service and leave entitlements.
56.10. Where the University cannot identify a suitable alternative position the staff member may elect to seek redeployment to other positions, including positions at a lower classification. A staff member seeking redeployment will be considered for suitable vacant positions. If the staff member meets the selection criteria for the position, or could be expected to meet the selection criteria with appropriate training within a reasonable timeframe, they will be appointed to the position.
56.11. Where a staff member agrees to be redeployed to a position with a lower classification, salary maintenance of up to 26 weeks for professional staff and up to 12 months for academic staff may be paid at the pre-transfer salary rate.
56.12. A staff member who disagrees with the suitability of a proposed suitable alternative position for redeployment may seek a review of decision in accordance with clause 73.
56.13. For academic staff who wish to use the redeployment period to find alternative work outside the University, the University will provide reasonable outplacement support and time for job search activities and attending interviews without loss of pay; and, where agreed by the Director – Human Resources, a program of training; and reasonable travel and other expenses associated with these activities.
Notification of redundancy
56.14. Following the 12 week redeployment period, where the staff member cannot be redeployed, the University will notify the affected staff member in writing that their position is to be declared redundant and their employment will be terminated; a fair and objective reason for the redundancy; and the time line for this action.
56.15. This notification advice will provide the staff member with at least six weeks’ formal notice that their employment is to be terminated due to redundancy from a specified date. At the discretion of the University payment in lieu of notice may be provided.
56.16. A staff member may apply to the Director – Human Resources to have the notice period and/or redeployment period extended if the staff member has taken personal/sick leave on account of illness during any of these periods. The Director – Human Resources will not unreasonably reject such applications. Where accepted, the notice will be extended by the period of leave covered by a medical certificate (up to a maximum of six weeks).
56.17. A staff member who disagrees with the reasons given for their position being declared redundant may seek a review of decision in accordance with clause 73.
56.18. The following termination payments will apply to staff made redundant:
- For academic staff, a redundancy payment of three weeks’ salary for each year of service with a minimum payment of five weeks’ pay and maximum of 68 weeks’ pay; and
- in recognition of the longer lead time for academic recruitment and engagement, an academic employment transition payment of up to 16 weeks’ salary for academic staff, provided that the total of the redundancy payment for academic staff does not exceed 78 weeks (excluding accrued annual and long service leave).
- For professional staff, a redundancy payment of three weeks’ salary for each year of service with a minimum payment of five weeks’ pay and maximum of 64 weeks’ pay.
- All staff – payment of accrued annual leave, and long service leave subject to the minimum qualifying periods specified in clause 42.15.
56.19. All payments specified in clause 56.18 and 56.22 will be calculated on the staff member’s salary at the date of cessation of employment. A staff member who has converted from full time to part time employment will receive payment based on the full time salary for their service up to the conversion to part time employment, and payment from then on will be based on their part time salary for the remaining period.
56.20. For the purposes of clause 56.18 and 56.22, ‘salary’ means the amount paid to a staff member, including any salary supplementation, market loading, clinical loading or responsibility allowance paid at the time that the staff member is given formal notice of redundancy.
56.21. A staff member may seek review of any decision concerning the level and nature of redundancy payments, salary maintenance and other entitlements arising from redundancy through the grievance resolution provisions (clause 72).
56.22. A staff member may seek to waive the redeployment period and/or notice period for an early termination payment comprising:
- the unused balance of the 12 week redeployment period in accordance with clause 56.6;
- the unused balance of the notice period in accordance with clause 56.16;
- the termination payment calculated under clause 56.18; and
- in recognition of the longer lead time for academic recruitment and engagement, an academic employment transition payment of up to 16 weeks’ salary for academic staff; provided that the total termination payment does not exceed 78 weeks (excluding accrued annual and long service leave)