This Clause applies to employees in continuing positions, or in fixed term positions of greater than one (1) year’s duration. After an initial eight (8) week transition period, in which the employee may either seek redeployment and/or a review as in Subclause 30.7, and if the Vice-Chancellor’s decision is to terminate employment, a provision is made for a ‘redundancy benefit’ to the employee, based on age and length of service.
30.2 The University will consult in accordance with Clause 28 of this Agreement where it is likely that one (1) or more positions are to be made redundant.
30.3 Grounds for redundancy
30.3.1 Where a decision has been made that one (1) or more positions are redundant the University will provide written notice to the employee(s) concerned and, where requested, their Nominated Representative, that their employment will terminate.
30.3.2 The University will also outline the reasons for the termination, which may involve reasons of an economic, technological, structural or a similar nature, including, but not limited to:
- a decrease in student load in any employee program or course, or combination or mix of programs or courses, conducted on one (1) or more campuses;
- a decision to stop offering, or to vary the employee content of any program or course, or combination or mix of programs or courses, conducted on one (1) or more campuses;
- financial exigency within an organisational unit or cost centre; and
- changes in technology or work methods.
30.4 Redundancy benefit
30.4.1 The ‘redundancy benefit’ for an employee who has received notification in accordance with Subclause 30.3 is determined based on age and length of service, and is calculated by combining the relevant benefit amount in Subclause 30.4.1(a) and Subclause 30.4.1(b), provided that no employee will receive less than the amount provided for by the Higher Education industry - General Staff Award 2010 or the Higher Education Industry - Academic Staff Award 2010, whichever would apply if not for the operation of subclause 7.1 of this Agreement.
(a) Age based scale for redundancy
|Age of employee
||Relevant notice period
|45 years or over||22 weeks
|40, 41, 42, 43, 44 years
|39 years or under
(b) Length of service scale for redundancy
|Each completed year of continuous service
||Notice period for each year of completed
| Less than and equal to 10 years
||3 weeks for every year|
|More than 10 years
||An additional 2 weeks for every year in excess of 10 years|
30.4.2 Where an employee receives notification of redundancy in accordance with Clause 30.3 the employee is entitled to a ‘redundancy benefit’ as calculated in Subclause 30.4.1 up to a maximum of 66 weeks.
30.4.3 An employee may apply to work all or part of the period equivalent to the number of weeks of the redundancy benefit period. If there are suitable duties for the employee to perform which will result in sufficient work being available to occupy the time fraction on which the employee is employed, the University will use its best efforts to allow this to occur. This may be either work the employee has been engaged in previously or work designed to retrain the employee. If the University has no work for the employee to perform, the employee will receive the redundancy benefit payment.
30.5 Transition period
An eight (8) week ‘transition period’ will begin immediately upon written notification being given to the employee, of redundancy in accordance with Subclause 30.3. By the expiration of two (2) weeks from the beginning of the transition period, the employee must indicate to the University which of the following options for separation they choose: to elect early separation and include the balance of the ‘transition period’ in the employee’s redundancy benefits; or to apply to the Vice-Chancellor for a review of the decision to terminate the employee’s employment and/or to seek redeployment within the University.
30.6 Early separation
30.6.1 An employee who has been given notice in accordance with Subclause 30.3 may decide to include the balance of the transition period in the employee’s redundancy benefits, in which case the employee will receive upon termination:
(a) Payment in lieu of salary for the unexpired portion of the eight (8) week ‘transition period’; and
(b) Payment of the relevant ‘redundancy benefit’ as calculated in Subclause 30.4.2, and
(c) Payment of long service leave in proportion to the employee’s length of service with the University.
30.6.2 The sum payable to an employee in accordance with Subclause 30.6.1(a) and Subclause 30.6.1(b) will not exceed the salary that would be payable if the employee continued in employment to the expiry date of a fixed term appointment.
30.6.3 All payments under Clause 30 will be calculated on the employee’s salary (including fortnightly award based allowances and loadings) at the date of ceasing employment.
30.7.1 An employee who has been given notice in accordance with Subclause 30.3 may apply to the Vice-Chancellor within two (2) weeks of such notice, for a review of the decision to terminate the employee’s employment, on the grounds that the University did not act fairly or properly in making the decision to terminate, or that the rules of natural justice were not applied, or that the decision was discriminatory.
30.7.2 Upon receiving such an application, the Vice-Chancellor will establish a Redundancy Review Panel to investigate the process leading to the decision to terminate within seven (7) days. The Panel will consist of:
- an employee nominated by the Vice-Chancellor; and
- an employee nominated by the employee representatives on the Staff Consultative Committee.
30.7.3 A Review Panel member has an obligation to advise of any conflict/s or potential conflict/s of interest that may undermine the application of natural justice and procedural fairness.
30.7.4 The Review Panel:
- must report to the Vice-Chancellor within three (3) weeks, on whether the University acted fairly, properly and under the rules of natural justice in making the decision to terminate, including whether the decision was in any way discriminatory;
- will provide the employee adequate opportunity to put forward a verbal or written submission and will conduct the investigation in an informal manner; and
- may access relevant documents if required.
30.7.5 The Redundancy Review Panel will make recommendations to the Vice-Chancellor who will consider the recommendations and make a determination as to an appropriate course of action.
If the employee seeks redeployment, the University will provide the employee and their Nominated Representative with all relevant details regarding redeployment. The process for redeployment will be accordance with the procedures contained in University Policies and Procedures, and these procedures will not be changed without consultation with employees and the Unions through the Staff Consultative Committee.
30.9 Failure of review or redeployment
30.9.1 If the employee elects redeployment or review and subsequently fails to be redeployed to a position at the same classification level for which the employee has the skills and qualifications to undertake, or fails in the review application, the employee will, at the completion of the eight (8) week transition period (or ten (10) weeks if the Vice-Chancellor elected to extend the time frame), either:
(a) begin working out the period equivalent to the number of weeks of the redundancy benefit period where it has been agreed that the employee will work out the benefit period in accordance with Clause 30.4.3; or
(b) cease employment and receive:
(i) payment of the ‘redundancy benefit’ prescribed in Subclause 30.6.1(b); or
(ii) payment of long service leave in proportion to the employee’s length of service with the University.
(c) the sum payable to an employee in accordance with Subclause 30.9.1(b) (i) will not exceed the salary that would be payable if the employee continued in employment to the expiry date of a fixed term appointment.
(d) all payments under Subclause 30.9.1(b) will be calculated on the employee’s salary (including fortnightly award based allowances and loadings) at the date of ceasing employment.