58.1 This clause applies to staff on continuing employment, including Research Academic Staff Career Employment (RASCE). This clause does not apply to fixed term, continuing (contingent funded) employment, casual employment, employment schemes in clause 14.7 or terminations due to disciplinary action.
58.2 By agreement, the University and the staff member, and where he or she chooses, their union or staff representative, may vary the redundancy provisions provided in this clause.
Grounds for Redundancy
58.3 The University may decide that the duties performed by a staff member are no longer required for reasons of an economic, structural or similar nature. decisions would be outlined within a managing change proposal in accordance with managing change provisions in clause 73, and may be for reasons including:
- for professional staff, financial and staffing constraints leading to the rearrangement of functions and classifications, reduced demand or other workload factors, technological change and development, or legislative change.
- for academic staff, a decrease in student load or a decision to cease offering, or variation of the academic content in any academic program or course or combination or mix of courses or subjects conducted on one or more campuses, financial exigency within an organisational unit or cost centre, and/or changes in technology or work methods.
- for Research Academic Staff Career Employment, organisational productivity improvement or a restructure within a work area, that result in the loss of 6 or more academic staff positions.
58.4 The University will act in accordance with the managing change provisions contained in clause 73 (Managing change) before notifying a staff member that his or her position has been declared surplus to the needs of the University.
58.5 A staff member whose position is identified as surplus will be advised in writing of this situation, 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.
58.6 This advice will signal the commencement of an twelve (12) week period in which the staff member may be redeployed or the staff member may seek approval for an early separation in which case they will be paid the balance of the twelve (12) week period as an enhanced termination payment.
58.7 The University will seek to redeploy a staff member whose position is declared surplus into a suitable alternative position within twelve weeks of the staff member being declared surplus.
58.8 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.
58.9 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.
58.10 Where the University cannot identify a suitable alternative position the staff member may elect to seek redeployment to other positions. 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.
58.11 Redeployment may include transfer to a suitable position elsewhere in the University, which is occupied by a staff member with continuing employment who would be interested in terminating his or her employment with the University by way of a voluntary redundancy with an agreed separation package.
58.12 Where a staff member agrees to be redeployed to a position with a lower classification, salary maintenance of up to twenty six (26) weeks for professional staff and up to 12 months for academic staff may be paid at the pre-transfer salary rate.
58.13 A staff member who disagrees with the suitability of a proposed alternative position for redeployment may seek a Review of Decision in accordance with clause 78.
58.14 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; reasonable travel and other expenses associated with these activities.
Notification of redundancy
58.15 Following the twelve (12) week redeployment period, where the staff member cannot be redeployed, the University will notify the affected staff member(s) in writing that his or her position is to be declared redundant and his or her employment may be terminated; the reason for the redundancy; and the time line for this action.
58.16 This notification advice will also provide the staff member with at least six (6) 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.
58.17 A staff member who disagrees with the reasons given for his or her position being declared redundant may seek a Review of Decision in accordance with clause 78.
58.18 The following termination payments will apply to staff made redundant:
- For academic staff a redundancy payment of 3 weeks' salary for each year of service with a minimum payment of 5 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 week (excluding accrued annual and long service leave).
- For professional staff a redundancy payment of 3 weeks' salary for each year of service with a minimum payment of 5 weeks' pay and maximum of 64 weeks' pay.
- All staff - payment of accrued annual leave and long service leave.
Enhanced Early Termination
58.19 In return for voluntary agreement on an early ceasing date from their position, a staff member may seek to waive the redeployment period and/or notice period for an enhanced early termination payment comprising:
- The unused balance of the 12 week redeployment period in accordance with clause 58.6;
- The unused balance of the notice period in accordance with clause 58.16;
- The termination payments calculated under clause 58.18; and
- In recognition of the longer lead time for academic recruitment and engagement, an Academic Employment Transition Payment of up to16 weeks salary for academic staff.
Provided that the total of an Enhanced Termination Payment does not exceed 78 week (excluding accrued annual and long service leave).
58.20 All payments specified in clauses 58.18 and 58.19 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 his or her service up to the conversion to part time employment, and his or her payment from then on will be based on his or her part time salary for the remaining period.
58.21 For the purposes of clauses 56.18 and 56.19, '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.
58.22 A staff member may apply to have the notice and/or redeployment period extended if he or she has taken personal/sick leave on account of illness taken 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 (6) weeks).
58.23 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 77).