RMIT University Academic and Professional Staff Enterprise Agreement 2014


Appendix 1. Clause 50 redundancy and redeployment from the academic and professional staff union collective agreement 2010

This clause is provided as reference for the purposes of preserved redundancy calculations in relation to clause 25. It is not incorporated into this Agreement.

50. Redundancy and redeployment

50.1

This clause applies to employees in continuing positions.

50.2 Grounds for Redundancy

Where the University has decided to terminate the employment of one or more employee(s) for reasons of an economic, technological, structural or similar nature, including:

a) a decrease in student load in any academic course or subject or combination or mix of courses or subjects conducted on one or more campuses;

b) 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 campuses;

c) financial exigency within an organisational unit or cost centre; or

d) changes in technology or work methods;

the University will formally notify the employee(s) concerned in writing that their employment will terminate and will outline the reason(s) for the termination. An employee may be represented by a Chosen Representative in the redundancy process.

50.3

Notice periods, redeployment and severance payments for academic employees

50.3.1

The relevant notice period for an academic employee who has received notification will be determined by a combination of two scales, based on age and length of service.

Age based scale

Age

Notice

39 or under

18 weeks

40-44

20 weeks

45 or over

22 weeks

The balance of the notice period is determined by adding three weeks notice for each completed year of continuous service. The maximum period of notice is 74 weeks.

50.3.2

An employee may apply to work out all or part of the relevant period of notice. If there are suitable duties for the employee to undertake, 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 suitable duties for the employee to do, the employee will receive payment in lieu of notice.

50.3.3

An eight week transition period will commence immediately upon written notification of termination being given to the employee pursuant to sub clause 50.2. Within 14 days from the commencement of the transition period, the employee must indicate to the University whether they choose:

a) to elect early separation and include the balance of the transition period in her or his redundancy benefits; or

b) to seek redeployment within the University.

50.3.4

An academic employee who has been given notice pursuant to sub clause 50.2 may decide to include the balance of the transition period in her or his redundancy benefits, in which case the employee will receive upon termination:

a) payment in lieu of salary for the unexpired portion of the eight week transition period; and

b) payment in lieu of the notice period prescribed in sub clause 50.3.1; and

c) payment on a pro-rata basis for long service leave.

All payments under this sub clause will be calculated on the employee’s substantive salary at the date of cessation of employment.

50.3.5

Should the employee seek redeployment, the University will provide the employee with all relevant details, and taking into account the relevant skills, experience and work preferences of the employee will:

a) examine options for retraining;

b) examine measures that could be taken to avoid termination;

c) arrange counseling for the employee as required;

d) monitor all vacancies within the University;

e) offer the employee redeployment to a suitable vacant position where such a position exists; (suitable vacant position means a position at the same classification level of the employee and for which the employee has the skills and qualifications to undertake. A reasonable amount of time may be taken into account, if an employee needs to update skills and experience to undertake the duties of the position, but this will not normally be greater than 6 months.)

f) consult with any Chosen Representative, on sub clause 50.3.5 a) to sub clause 50.3.5 e) above.

50.3.6

Where the employee, having elected redeployment, unreasonably rejects an offer of redeployment to a suitable vacant position, the Vice-Chancellor may terminate her or his employment on the basis of the severance benefit outlined in the table below.

Employee’s period of continuous service

Severance benefit

At least 1 year but less than 2 years

4 weeks

At least 2 year but less than 3 years

6 weeks

At least 3 year but less than 4 years

7 weeks

At least 4 year but less than 5 years

8 weeks

At least 5 year but less than 6 years

10 weeks

At least 6 year but less than 7 years

11 weeks

At least 7 year but less than 8 years

13 weeks

At least 8 year but less than 9 years

14 weeks

At least 9 years

16 weeks

50.3.7

Where an employee is able to be redeployed to a suitable position, no further redundancy action will be undertaken.

50.4

Redeployment, notice periods and severance for professional staff

50.4.1

Professional staff employees will commence an eight week redeployment commencing immediately upon the written notification of termination being given to the employee, provided that an employee may elect to extend the redeployment period for an additional period of up to 18 weeks such that the maximum period of redeployment will be 26 weeks. The ability of the employee to elect an extended redeployment period will be subject to the following.

a) Where an employee has participated in a voluntary redeployment process as prescribed in clause 51 Voluntary Redeployment, the employee's entitlement to extend the redeployment period beyond the initial 8 week period (that is, up to an additional 18 week period) will be reduced by the period of voluntary redeployment already undertaken by the employee. This will occur provided that the voluntary redeployment process was undertaken immediately prior to the issuing of written notification of termination pursuant to sub clause 50.2; and

b) Where an employee extends the redeployment period beyond the eight week period, the employee's entitlement to severance pay pursuant to sub clause 50.4.6, will be reduced by the equivalent period of extended redeployment.

50.4.2

Where an employee is able to be redeployed to a suitable position, no further redundancy action will be undertaken.

50.4.3

An employee who is redeployed to a position at a classification level lower than her or his previous substantive classification level, will receive salary maintenance at her or his previous substantive classification level for a period of six months if the employee is under 45 years of age, or for a period of 12 months if the employee is 45 years of age or over at the date of her or his transfer to a lower level position. Following this period the employee will be paid at the rate of pay applicable to the new position into which he or she has been redeployed.

50.4.4

Where the employee, having elected redeployment, unreasonably rejects an offer of redeployment to a suitable vacant position at the employee’s substantive classification level, the Vice-Chancellor may terminate her or his employment on the basis of the severance benefit outlined in the table below.

Employee’s period of continuous service

Severance benefit

At least 1 year but less than 2 years

4 weeks

At least 2 year but less than 3 years

6 weeks

At least 3 year but less than 4 years

7 weeks

At least 4 year but less than 5 years

8 weeks

At least 5 year but less than 6 years

10 weeks

At least 6 year but less than 7 years

11 weeks

At least 7 year but less than 8 years

13 weeks

At least 8 year but less than 9 years

14 weeks

At least 9 years

16 weeks

50.4.5

An employee who has been given notice pursuant to sub clause 50.2 may, with the University’s agreement, choose to take early separation, in which case the redeployment process will cease immediately and the employee will receive upon termination:

a) payment in lieu of salary for the unexpired portion of the eight week redeployment period; and

b) payment in lieu of the notice period prescribed in sub clause 50.4.7; and

c) payment on a pro-rata basis for long service leave.

50.4.6

Where the employee is subject to an extended redeployment period as prescribed in sub clause 50.4.1 and the employee subsequently elects early separation, the redeployment process will cease and the employee will receive upon termination:

a) payment in lieu of notice specified in sub clause 50.4.7; and

b) severance payments specified in sub clause 50.4.9 less the extended period of redeployment actually taken ie. the period of redeployment beyond eight weeks.

50.4.7

An employee who has not been redeployed by the end of the redeployment period specified in sub clause 50.4.1 will be given five weeks' notice of the date on which he or she will be retrenched. On retrenchment the employee will receive a severance payment as defined in sub clause 50.4.9 below, unless the employee has elected to extend the redeployment period.

50.4.8

By agreement, the employee may take immediate separation during the notice period, in which case the balance of the notice period will be paid to the employee in addition to the severance payment as prescribed in sub clause 50.4.9 below.

50.4.9

Subject to the provisions of sub clause 50.4.1 b), the severance payment will be determined as follows:

a) under 45 years of age: 34 weeks pay; or

b) 45 years of age and over: 55 weeks pay; and

c) payment for long service leave on a pro-rata basis.

All payments under this sub clause will be calculated on the employee’s substantive salary.

50.5 Review

50.5.1

An employee may apply to the Vice-Chancellor within 10 working days of receiving written notification of termination in accordance with sub clause 50.2, for a review of the decision to terminate her or his employment on the grounds that the University did not act fairly in making the decision to terminate, or that the rules of natural justice were not applied, or that the decision was discriminatory. This application will not delay any redeployment process.

50.5.2

An application will be referred to a Redundancy Review Committee normally within five working days of receipt of referral to investigate whether the process leading to the decision to terminate was in accordance with sub clause 50.5.1 above.

50.5.3

A Redundancy Review Committee established in accordance with this clause will consist of:

a) an independent Chairperson;

b) an RMIT employee nominated by the Vice-Chancellor; and

c) a staff representative nominated by the RMIT NTEU branch.

50.5.4

A panel of independent Chairpersons will be established by the University by agreement with the RMIT NTEU branch. Chairpersons and panel members will be independent and command the confidence of management and staff.

50.5.5

The Vice-Chancellor will appoint a Chairperson from the panel when establishing a review process following agreement with the RMIT NTEU Branch, ensuring that there is no conflict of interest. The RMIT NTEU Branch will not unreasonably withhold agreement.

50.5.6

The employee may be supported or represented throughout the committee process by a Chosen Representative.

50.5.7

The Redundancy Review Committee will make a determination within 20 working days of the application being received.

50.5.8

If the Redundancy Review Committee determines that the process was complied with by the University, action under this clause will continue. The Vice-Chancellor may choose to extend the timeframe for possible redeployment of the employee by two weeks, if the employee wishes to be redeployed.

50.5.9

If the Redundancy Review Committee determines that the University did not act according to the principles outlined in sub clause 50.5.1 above, the matter will be referred back to the Vice-Chancellor for a decision as to the appropriate further course of action. The Vice-Chancellor must take into account the findings of the Redundancy Review Committee.

50.6

During the eight week transition period and the notice period in the case of academic employees or the redeployment period in the case of professional staff employees, the employee will be eligible for:

a) Time without loss of pay to attend job interviews or other job search activities, subject to provision by the employee of documentary evidence of the activity;

b) Outplacement support to a maximum value of $300.00.

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