Part G - Cessation of Employment

Part G governs the redundancy process for academic and general staff. Where the University gives or intends to give notice that a position or positions is redundant, it will only do so in accordance with the provisions of clause 45 (academic staff) and clause 46 (general staff).

45. Redundancy - Academic Staff

45.1 The University may decide to terminate the employment of one or more academic staff members in continuing employment for reasons of an economic, technological, structural or similar nature including:

• a decrease in student demand or enrolments in any academic course or subject or combination or mix of courses or subjects conducted on one or more campus;
• a decision to cease offering or to vary the academic context of any course or subject or combination or mix of courses or subjects conducted on one or more campus;
• financial exigency within an organisational unit or cost centre; or
• changes in technology or work methods; or
• relocation from the staff member's primary campus imposing major inconvenience to a staff member, e.g. through additional travel.

45.2 The University will notify the staff member(s) concerned and, where the staff member chooses the staff member's Representative, and MUSIC (in circumstances where there is more than one affected staff member), in writing that their employment will terminate and will outline the reasons for the termination.

45.3 The period of notice of termination (inclusive of any contractual notice period) shall be:

45.4 As soon as practicable after making the decision to terminate the University will give staff and, if the staff request, their Representative(s), an opportunity to consult with the University on measures to avert the termination or avert or minimise the effects of the termination.

45.5 Notwithstanding any other provisions of this Agreement, the University's obligation to consult in relation to termination of employment as a result of redundancy is covered exclusively by operation of this clause. The Consultation obligations do not restrict the University's right to make decisions in accordance with this clause.

Early Separation and Option Period

45.6 Upon written notice of termination being given to the staff member a four week 'Option Period' will commence during which the staff member must indicate to the University that he or she wishes to:

1. Elect voluntary early separation, in which case the redundancy benefits will be paid in accordance with Table H; or,
2. Apply to the Vice-Chancellor for a review of the termination decision and/or to seek redeployment, under clauses 45.8 and 45.17 below.

45.7 Payments referred to in Table H, other than the long service leave payment, will be calculated on the staff member's average fraction over his/her last 5 years of service or his/her fraction at the date of cessation of employment, whichever is the greater.

Review

45.8 Concurrent with the notice period, a staff member who has received notification of termination may apply in writing to the Vice-Chancellor during the “Option Period” for a review of the decision to terminate his/her employment, on the grounds that fair process was not observed by the University in selecting the staff member for redundancy.

Review Committee

45.9 An application for a Review will be referred to a Review Committee convened in accordance with clause 12, within 10 days.

45.10 The staff member and the Vice-Chancellor may choose to be assisted or represented by an agent of his/her choosing who is a staff member of the University (but not if such a person is a currently practising solicitor or barrister)

45.11 The committee will consider:

1. whether a genuine decision was taken by the University that an academic position or positions should not be filled by anyone or that there was a staff member or members in a category surplus to the requirements of the University; and
2.  whether fair and objective criteria were used to select staff to be identified as excess staff members; and
3.  whether genuine and adequate consultation was entered into under sub-clause 45.4 above.

45.12 If the committee does not complete its deliberations within three weeks after the referral, it must make application to the Vice-Chancellor for an extension of time, provided that any extension of time can not extend beyond the relevant notice period under 45.3 and no extension of the notice period under 45.3 will occur.

45.13 The Review Committee will, after making a determination, submit a report and recommendations to the Vice-Chancellor within 1 week.

45.14 Should the Review Committee determine that the University did not observe fair process, the Vice-Chancellor will take into account the findings of the Review Committee and determine an appropriate course of action including measures to avert or minimise the termination(s) and measures to mitigate the adverse effects of the terminations. Such measures may include redeployment, voluntary early retirement, secondments or offers of voluntary separation packages.

45.15 The Vice-Chancellor's decision will be final and accepted by all parties, provided nothing in this sub-clause will be construed as excluding the jurisdiction of any court or tribunal which, but for this sub-clause, would be competent to deal with the matter.

45.16 Where the Vice-Chancellor upholds the decision to terminate the staff member's employment, the provisions of 45.21-45.24 below will apply.

Redeployment

45.17 A staff member may elect, within the four week “Option Period” to be considered for redeployment. The redeployment search period will be for a period of six weeks (in addition to the balance of the “Option Period”) and will operate concurrently within the relevant notice period, referred to in sub-clause 45.3 above.

45.18 The redeployment procedures in clause 47 will then apply.

45.19 Where an academic staff member is redeployed under this clause and as a consequence it is not reasonably practicable for the staff member to remain at his/her existing residence, payment may be authorised at the Vice-Chancellor's discretion as follows:

1. Reasonable costs incurred in the conveyance of the staff member and dependants including removal of furniture and personal effects.
2. Reimbursement of two-thirds of temporary accommodation expenses necessarily incurred in the course of relocation.
3. Reimbursement for the cost of storage of furniture and effects pending relocation and an incidentals allowance covering any additional depreciation and wear and tear on furniture and effects resulting from the relocation, the cost of the replacement or alteration of fittings, and the cost of utilities connections.
4. A property allowance for reimbursement of expenses incurred in the selling and/or buying of a dwelling-house as a consequence of the relocation.

Termination

45.20 Should the staff member fail to elect any options as outlined above, the provisions of clauses clause 45.23 below will apply.

45.21 Should the staff member elect redeployment but is not able to be redeployed to a Suitable Vacant Position, or fail in his/her Review application, then at the completion of the redeployment or Review processes, the staff member and/or Head of Department may make written application to his/her Dean for the staff member to work out all or part of the remaining period of notice.

45.22 If, in the opinion of the Dean, there are suitable duties for the staff member to be fully employed, the staff member may be permitted to work out the remaining period of notice. At the conclusion of the notice period, the staff member will become entitled to the following severance payment:

45.23 If, in the opinion of the Dean, there is insufficient work available to occupy the time fraction on which the staff member is employed, the University may at any time during the notice period following failure of redeployment and/or review (where applicable), terminate the staff member's employment, in which case, the staff member will receive a lump sum payment equivalent to the entitlement under Table H and the payments will be calculated in the same way as Table H, except that any payment in lieu of notice shall only be made for the unexpired portion of the notice.

45.24 In the event that the University determines that a fixed term staff member's position is redundant during the fixed term, and the staff member's employment is terminated, the staff member will be entitled to 6 months' redundancy pay. The other provisions of this clause 45 will not apply to such staff members.