28. Managing change in the workplace
29. Redundancy
28 Managing change in the workplace
28.1 Principles
The University and staff recognise that change will occur as the University evolves over time and as circumstances require. Many changes that take place in the workplace can be relatively minor and, as a consequence, will be addressed at the workplace level through direct local discussion and consultation with individual staff and/or the work group. The University and its staff will pursue ongoing improvements in the quality and cost effectiveness of University programs and support services, and in support of the University’s strategic objectives.
It is acknowledged that the sound management of workplace change is enhanced by the involvement of the people who will be affected by that change. The University seeks to manage change in a proactive, transparent and constructive manner, which minimises any adverse effects on the University workplace community while ensuring that the University is able to adapt appropriately to changing circumstances.
A staff member may choose to seek advice or assistance from a representative of their choice throughout the course of discussions on such changes.
The process described in this Clause applies to changes that could reasonably be expected to have a significant effect on staff. Significant effects may arise with, but are nor limited to:
(a) the need to transfer staff to other work locations, such as from one campus to another
(b) a reduction in the number of positions that is likely to lead to retrenchments
(c) outsourcing of existing services
(d) the alteration of the way in which work is performed and organised in a work unit which may be due to, but not limited to, the introduction of new technology or other changes to programs or organisational structure.
28.2 Consultation with affected staff
When a proposal for change of the nature described in sub-clause 28.1 is identified, the University will initiate a consultative process with all affected staff about the need for the change. Such consultative process will be initiated in a timely manner and will involve one or more meeting(s) to which affected staff will be invited to allow discussion of issues. The University will provide relevant information to the affected staff as part of the consultation process. Consultation will occur with all relevant staff, and will cover:
(a) the nature of and rationale for the change
(b) the potential benefits for staff or possible adverse effects on staff, if any
(c) suggestions for avoiding or mitigating any potentially adverse effects on staff including any workload implications
(d) the timeframe for the proposed change process; and
(e) whether a post implementation review is appropriate.
28.3 Implementation
Once the University decides to proceed with the proposed change in either its original or a revised form then the University will consult with the affected staff on strategies and timelines for the implementation of change. The University will also confer with staff on any measures necessary to mitigate any negative consequences for affected staff arising from the change.
29 Redundancy
Principles
The University recognises that job security is important for staff and is committed to minimising the need for forced redundancies by exploring alternative measures to mitigate any negative consequences of the change. Such measures may include natural attrition, or voluntary measures such as voluntary separations, fixed-term pre-retirement contracts, leave without pay, voluntary conversion to part-time employment (for a specified period of time unless otherwise agreed), long service leave, and/or redeployment. Forced redundancies will be implemented as a last resort.
29.1 Application
The provisions of this Clause apply to all continuing staff.
29.2 Consultation with affected staff
29.2.1 Where the University has decided to make one or more positions redundant, it will consult with the affected staff in accordance with sub-clause 28.2 of this agreement. As part of those discussions the University will provide the affected staff with relevant information, including:
(a) the redundancies and the reasons for them
(b) the number and categories of staff likely to be affected; and
(c) the time when, or the period over which, the University intends to carry out the redundancies.
29.2.2 As soon as practicable after making the decision the University will give the affected staff member(s) opportunity to consult with the University on:
(a) possible measures to avert the abolition or minimise the number of redundant position(s)
(b) possible measures to mitigate the adverse effects of the termination/s, and
(c) the identification of objective criteria that would be used to identify/differentiate specific position(s) in the event that retrenchment becomes necessary.
29.2.3 Following the discussions with the affected staff under sub-clause 29.2.2, the University will decide which measure(s) will be pursued. Such measures may include natural attrition, or voluntary measures such as voluntary separations, fixed-term retirement contracts, leave without pay, voluntary conversion to part-time employment (for a specified period of time unless otherwise agreed), long service leave, and/or redeployment.
29.3 Application for voluntary separation
The Vice-Chancellor may invite a staff member, who has been provided with information as required under sub-clause 29.2.1, to apply for voluntary separation.
29.4 Voluntary Separation
A staff member will have four weeks from the date of the Vice-Chancellor's invitation in which to submit an application for voluntary separation to the Vice-Chancellor.
29.5 Where a staff member applies for voluntary separation the Vice-Chancellor must inform the staff member within seven days of receipt of the application whether the application is approved. Where the Vice-Chancellor does not approve the application, the staff member will be advised of the reasons for that decision and will be informed that their employment is to continue.
29.6 Voluntary separation benefit options
29.6.1 Voluntary separation as referred to above will be on the basis of an amount determined in the following manner. The University will calculate the amounts that would be payable to the staff member under benefit options 1 and 2 below. These amounts will be shown as both gross and net of tax. The individual staff member will choose his/her preferred option.
Benefit option 1
The amount paid under benefit option 1 will consist of the following components:
- normal salary for six months of further employment, commencing from the date on which the staff member receives written advice that the application is approved
- severance pay at the rate of two weeks pay for each completed year of service, to a maximum of 52 weeks, and
- accumulated entitlements in the form of accrued annual leave and long service leave.
Under benefit option 1, the staff member will cease employment at the conclusion of the six-month period of further employment. However, if the staff member requests, and if the University agrees, the Vice-Chancellor may waive all or part of the six-month period of further employment, in which case, the staff member will receive payment of the balance or four weeks pay, whichever is the lesser.
Benefit option 2
The amount paid under benefit option 2 will consist of the following components:
- severance pay at the rate of three weeks pay for each completed year of service, to a maximum of 60 weeks, and
- accumulated entitlements in the form of accrued annual leave and long service leave.
Under benefit option 2, the final date of employment will be determined by the Dean but will not be earlier than one week nor later than six weeks from the date on which the staff member receives written advice that the application is approved. Where the final date of employment is less than six weeks, the staff member will receive payment in lieu of the balance of the six-week period.
29.6.2 All payments under sub-clause 29.6.1 will be calculated on the staff member’s proportion of full-time employment at the date of cessation of employment, or, on the basis of the average proportion of full-time employment over his or her employment, whichever is the greater.
29.6.3 The benefits under sub-clause 29.6.1 are in lieu of any notice period, access to a scheme of redeployment or other redundancy benefit.
Retrenchment
29.7 Following the close of the period for application referred to in sub-clause 29.4, the Vice-Chancellor may formally advise in writing any staff member who was invited to apply for voluntary separation but who did not make application that the staff member is an excess staff member. In reaching such a decision the Vice-Chancellor will give due regard to any criteria determined under sub-clause 29.2.2(c) and advise the staff member that their employment will be terminated, the nature of the applicable benefits and the further employment options described below.
29.8 Further Employment
(a) An excess staff member may nominate a period of further employment to be undertaken prior to termination according to the following age-based scale:
| Age | Further employment |
|---|---|
| 45 years and over | 12 months |
| 44 years | 11 months |
| 43 years | 10 months |
| 42 years | 9 months |
| 41 years | 8 months |
| 40 years | 7 months |
| less than 40 years | 6 months |
(b) Any period of further employment will commence from the date on which the staff member receives advice from the Vice-Chancellor under sub-clause 29.7. The University will, for any period of further employment under this sub-clause, maintain the normal salary of the staff member concerned.
(c) If the staff member so requests, and if the University agrees, the Vice-Chancellor may waive all or part of the period of further employment. In this case, the staff member will receive payment of the balance or four weeks pay, whichever is the lesser.
(d) At the end of the period of further employment arising under sub-clause 29.8(a), the Vice-Chancellor may terminate the employment of an excess staff member. Such termination is referred to in this Clause as ‘retrenchment’.
29.9 Notice
When the Vice-Chancellor terminates the employment of a staff member in accordance with sub-clause 29.7, the staff member will be given notice of their last day of duty or compensation in lieu of notice as set out below:
| Period of continuous service | Period of notice |
|---|---|
| One year or less | one week |
| Over one year and up to the completion of three years | two weeks |
| Over three years and up to the completion of five years | three weeks |
| Over five years of completed service | four weeks |
In addition to this period of notice, staff members who are over 45 years of age at the time of the giving of notice and who have at least two years continuous service with the University will receive an additional one week of notice.
29.10 Benefits on retrenchment
29.10.1 A staff member who is retrenched will receive the following amount of severance pay in respect of a continuous period of service.
| Service | Severance pay |
|---|---|
| Up to the completion of two years | four weeks |
| Two years and up to the completion of three years | six weeks |
| Three years and up to the completion of four years | seven weeks |
| Four years and over | eight weeks |
29.10.2 All payments under this sub-clause will be calculated on the staff member’s average proportion of full-time employment over his/her employment or his/her proportion of full-time employment at the date of cessation of employment, whichever is the greater.
29.11 Review
29.11.1 Where a staff member has been formally advised under sub-clause 29.7 that she/he is an excess staff member, she/he may lodge with the Vice-Chancellor an application for review of the decision. The staff member must lodge such an application within seven days of receiving the Vice-Chancellor’s advice.
29.11.2 Within five working days of a staff member lodging an application for review in accordance with sub-clause 29.11.1 a Committee will be appointed [refer to Clause 47, Review Committees]. The role of the Committee will be to determine whether the process in sub-clause 29.2 was followed or whether a genuine redundancy decision has been made by the University.
29.11.3 Within five working days (or longer period as agreed between the Committee Chair, the Vice-Chancellor and the staff member) of completing the process under sub-clause 29.11.2, the Committee will provide a report to the Vice-Chancellor and the staff member.
29.11.4 If the Committee finds that the University has acted appropriately in terms of its process, the staff member will be invited to nominate a period of further employment (as provided under sub-clause 29.8)
29.11.5 If the Committee decides that fair process was not observed it will report this fact to the Vice-Chancellor setting out its reasons, specifically identifying what failures of the process had taken place.
29.11.6 If the Vice-Chancellor receives a report to the effect that the process was not observed, the Vice-Chancellor will reconsider his/her decision in light of the Committee’s report but may first take steps to remedy the perceived unfairness as seem to him/her reasonable.
29.11.7 The action of the Vice-Chancellor under this Clause will be final. However, the provisions of this Clause do not exclude the jurisdiction of any external tribunal that would be competent to deal with the matter.
29.12 Leave and expenses
A staff member who is granted voluntary separation or is retrenched will be entitled to up to one day’s time off with full pay per week for the purpose of seeking other employment including attendance at employment interviews. Where expenses to attend such interviews are not met by the prospective employer, the staff member will be entitled to local travel and other incidental expenses incurred in attending such interviews as determined by the Dean.
29.13 Salary maintenance
Where the University and staff member agree to an arrangement under sub-clause 29.2.2, which maintains the employment relationship but under circumstances that provide a reduced income (e.g. redeployment to a lower level position), the University will maintain normal salary for the period of further employment as set out in sub-clause 29.8.
29.14 Other matters
Where a staff member:
(a) is redeployed to a fixed-term position, or
(b) during the period of further employment referred to in sub-clause 29.8 accepts a fixed-term appointment
and there are then no further employment opportunities available at the conclusion of the fixed-term or at the conclusion of the period of further employment, whichever is the greater, then at that time the staff member will be retrenched under the conditions set out in sub-clause 29.7.
