Common use of Redeployment and Redundancy Clause in Contracts

Redeployment and Redundancy. 13.1 This clause shall apply in respect to full time and part time persons employed in the classifications specified by Clause 6, Classification. 13.2 Notwithstanding anything contained elsewhere in this clause, this Clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 13.3 Notwithstanding anything contained elsewhere in this Clause, this Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due to the ordinary and customary turnover of staff. 13.4 Where Pulse has made a definite decision that Pulse no longer wishes the job the employee has been doing to be done by anyone pursuant to subclause 9.1.1, and that decision may lead to the termination of employment, Pulse shall hold discussions with the employees directly affected and with the Union to which they belong. 13.5 The discussions shall take place as soon as is practicable after Pulse has made a definite decision and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. 13.6 For the purpose of the discussion Pulse shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that Pulse shall not be required to disclose confidential information the disclosure of which would adversely affect Pulse.

Redeployment and Redundancy. 13.1 This clause shall apply in respect Where any action by WAIS is likely to full time and part time persons employed have a “significant effect” on the employee or make the employee redundant the employee will be informed as soon as possible after a decision to make the changes has been made. “Significant effect” includes termination of employment; major changes to either the composition of the workforce or the operations carried out within the workplace; the elimination or termination of job tenure; the alteration of hours at work; changes in the classifications specified by Clause 6, Classification. 13.2 Notwithstanding anything contained elsewhere in this clause, this Clause shall not apply roles and responsibilities of the employee; the need for re-training or transfer to employees with less than one year’s continuous service other work or locations and the general obligation on employers shall be no more than to give such employees an indication restructuring of the impending redundancy at position. WAIS shall discuss with the first reasonable opportunityemployee affected, the introduction of the changes referred to above including the effects the changes are likely to have on the employee, measures to avert or mitigate the adverse effects of such changes on the employee and shall give prompt consideration to take such steps as may be reasonable to facilitate the obtaining matters raised by the employees of suitable alternative employment. 13.3 Notwithstanding anything contained elsewhere employee in this Clause, this Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due relation to the ordinary and customary turnover of staff. 13.4 Where Pulse has made changes. These discussions shall commence as early as practicable after a definite decision that Pulse no longer wishes has been made by WAIS to make such changes. For the job purposes of such discussion, WAIS shall provide in writing to the employee has been doing to be done by anyone pursuant to subclause 9.1.1, and that decision may lead to the termination of employment, Pulse shall hold discussions with the employees directly affected and with the Union to which they belong. 13.5 The discussions shall take place as soon as is practicable after Pulse has made a definite decision and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. 13.6 For the purpose of the discussion Pulse shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, changes including the reasons for nature of the proposed terminationschanges proposed; the expected effects of the changes on the employee, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided provided that Pulse WAIS shall not be required to disclose confidential information the disclosure of which would adversely affect Pulsebe harmful to WAIS’s interests. Where notice has been given to an employee in accordance withsubclause 11.6.1, an employee shall be allowed eight hours time offwith pay to seek other employment. The time off period must be inagreement with the respective Manager.

Redeployment and Redundancy. 13.1 This 21.1 Where it appears to the Divisional Director of Human Resources or nominee that a Trades and Services Staff member has become, or is likely to become excess to requirements due to changed circumstances, including changes in work methods, re-organisation, financial exigency, introduction of new technology, the Divisional Director or nominee shall notify the Trades and Services Staff member, or where the affected Trades and Services Staff member chooses, a Representative, and the JCC (where more than one staff member is affected) at the earliest practicable time and provide the Trades and Services Staff member or where the staff member chooses, his/her Representative, with an opportunity to respond and make recommendations to avoid the redundancy and/or mitigate the effects of the redundancy. Where a Suitable Vacant Position exists, the Trades and Services Staff member shall be offered redeployment to this position in which case this clause (subject to clause 21.7) no longer applies. 21.2 Where a Trades and Services Staff member is advised that he/she is excess to requirements, during the first four weeks following that advice, the Trades and Services Staff member may seek redeployment in accordance with the process for redeployment in existing University Policy or elect to take a Voluntary Early Separation. A Trades and Services Staff member who elects to take Voluntary Early Separation shall be entitled to: payment in lieu of the remaining balance of the four week redeployment search period; payment in lieu of the notice period applicable to the Trade and Services Staff member; and payment of the severance pay to which the Trades and Services Staff member would have been entitled under this clause had his/her employment been terminated on the grounds of redundancy. 21.3 A staff member who has not accepted an offer of a voluntary separation package under clause 21.2 above and who has not been successfully redeployed to a Suitable Vacant Position will be given four (4) weeks’ notice of termination or pay in lieu, or pay in lieu of the unexpired part of the notice period as the case may be. In the case of a Trades and Services Staff member 45 years or more, the notice period will be five (5) weeks. 21.4 During the notice period, the staff member will be entitled to reasonable time off without loss of pay to attend job interviews, subject to provision by the Trades and Services Staff member of documentary evidence of the interview and prior arrangement with the relevant supervisor. A statutory declaration shall be sufficient for this purpose. 21.5 Upon termination of employment on the grounds of redundancy, the Trades and Services Staff member shall subject to clauses 21.6 – 21.9 receive a severance payment in accordance with the formula below: Length of Rate for calculation of amount of severance continuous payment service by staff member Less than 1 year 12 weeks’ pay 1 year and more but less than 2 years 15 weeks’ pay 2 years and more but less than 3 years 18 weeks’ pay 3 years and more but less than 4 years 21 weeks’ pay 4 years and more but less than 5 years 24 weeks’ pay 5 years and more but less than 6 years 27 weeks’ pay 6 years and more but less than 7 years 30 weeks’ pay 7 years and more but less than 8 years 33 weeks’ pay 8 years and more but less than 9 years 36 weeks’ pay 9 years and more but less than 10 years 39 weeks’ pay 10 years and more but less than 11 years 42 weeks’ pay 11 years and more but less than 12 years 45 weeks’ pay 12 years and more 48 weeks’ pay All payments payable to the Trades and Services Staff member in accordance with this clause shall apply in respect to full be based on the ordinary time earnings for the Trades and part time persons employed in the classifications specified by Clause 6, ClassificationServices Staff member concerned. 13.2 Notwithstanding anything contained elsewhere 21.6 The sum payable to a staff member pursuant to this clause shall not exceed the amount that would have been payable by way of fortnightly pay had the staff member continued in employment to the expiry date of a fixed term contract. “Fortnightly pay” means the ordinary time earnings for the staff member concerned each fortnight. For the purposes of calculating the length of continuous service under this clause, this Clause periods or roster cycles during which a Food and Beverage or Retail seasonal staff member is not engaged shall not apply to employees with less than one year’s be excluded. For the purposes of calculating the amount of severance payment for eligible Food and Beverage or Retail staff members, the aggregate ordinary hours worked by the staff member over the length of his/her continuous service and the general obligation on employers shall be no more than applied to give such employees an indication determine the staff member’s equivalent fraction of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative full-time employment. 13.3 Notwithstanding anything contained elsewhere in this Clause, this Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due to the ordinary and customary turnover of staff. 13.4 Where Pulse has made a definite decision that Pulse no longer wishes the job the employee has been doing to be done by anyone pursuant to subclause 9.1.1, and that decision may lead to the termination of employment, Pulse shall hold discussions with the employees directly affected and with the Union to which they belong. 13.5 The discussions shall take place as soon as is practicable after Pulse has made a definite decision and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. 13.6 For the purpose of the discussion Pulse shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that Pulse shall not be required to disclose confidential information the disclosure of which would adversely affect Pulse.

Redeployment and Redundancy. 13.1 This clause shall apply in respect I1Application Clauses relating to full time and part time persons employed in the classifications specified by Clause 6, Classification. 13.2 Notwithstanding anything contained elsewhere in this clause, this Clause shall management of excess employees will not apply to employees with less on probation or non-ongoing employees. I2Definition of excess employee An employee is an excess employee if: the employee is included in a class of employees employed in the department where there are more employees in the class than one yearis needed for the efficient, effective and economical operation of the department; the employee’s continuous service services cannot be effectively used because of technological or other changes in work methods of the department, or changes in the nature, extension or organisation of functions of the department; or the duties usually performed by the employee are required to be performed at a different locality, the employee is not willing to relocate to perform their duties, and the general obligation on employers shall Secretary has determined that clauses I1 to I2 apply to that employee. I3Consultation with affected employees Where the Secretary considers that there is likely to be no more than a need to give such employees identify an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 13.3 Notwithstanding anything contained elsewhere in this Clause, this Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees employee or employees engaged for a specific period of time or for a specified task or tasksas excess, or where employment is terminated due to the ordinary and customary turnover of staff. 13.4 Where Pulse has made a definite decision that Pulse no longer wishes the job the employee has been doing to be done by anyone pursuant to subclause 9.1.1, and that decision may lead to the termination of employment, Pulse shall hold discussions with the employees directly affected and with the Union to which they belong. 13.5 The discussions shall take place as soon as is practicable after Pulse has made a definite decision and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned. 13.6 For the purpose of the discussion Pulse shallSecretary will, as soon as practicable, provide advise the employee or employees and their representatives, in writing, and offer to hold discussions with the employees concerned and employee(s)s, to consider: actions that might be taken to reduce the Union to which they belong all relevant information about likelihood of the proposed terminations, including the reasons employee(s) becoming excess; redeployment opportunities for the proposed terminationsemployee(s) within the department or another APS agency; or the possibility of retrenchment with the payment of a redundancy benefit. This consultation period will extend for at least a four-week period, but may be reduced with the number and categories written agreement of the affected employee(s). The Secretary may invite other employees likely who are not excess to be affectedexpress an interest in voluntary retrenchment under clause I4, and where that arrangement would allow the number redeployment of employees normally employed and the period over which the terminations excess employee(s). An employee who is advised, in accordance with this clause I3, that they are likely to become excess, may seek a “job swap” with another employee who is interested in voluntary retrenchment, to allow the initial employee to be carried outredeployed. Provided This arrangement is subject to the Secretary deciding that Pulse shall the other employee is a suitable employee for the purpose of the swap. I4Voluntary retrenchment Where the Secretary decides that an employee is excess to the department’s requirements, the Secretary will: advise the employee in writing of the decision, and may invite the employee to elect for retrenchment with the payment of a redundancy benefit; ensure the employee is provided, as soon as is practicable, with information on the entitlements they would be eligible to receive if retrenched, including superannuation options and taxation treatment of entitlements; and reimburse the employee up to $500 for expenses incurred in seeking financial advice. Where the Secretary invites an excess employee to elect for retrenchment with a redundancy benefit, the employee will have four weeks in which to notify the Secretary of his or her decision (the consideration period). Where the employee elects for retrenchment, the Secretary may decide to retrench the employee but will not give notice of termination of employment before the end of the consideration period without the agreement of the employee. The consideration period can be required reduced by agreement between the employee and the Secretary. Where the period is reduced, the employee will, on termination of employment, be paid the unexpired period of the consideration period. The Secretary may give notice of termination of employment in accordance with clause G7 of this Agreement, or may decide to disclose confidential information make a payment to the disclosure employee in lieu of which would adversely affect Pulsenotice. Only one invitation to elect for retrenchment with the payment of a redundancy benefit will be made to an excess employee.