| 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, their 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 they are 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: |
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- 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.
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| 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: |
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| Length of continuous service by staff member |
Rate for calculation of amount of severance payment |
| 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 |
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All payments payable to the Trades and Services Staff member in accordance with this clause shall be based on the ordinary time earnings for the Trades and Services Staff member concerned. |
| 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. |
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For the purposes of calculating the length of continuous service under this clause, periods or roster cycles during which a Food and Beverage or Retail seasonal staff member is not engaged shall be excluded. |
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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 shall be applied to determine the staff member’s equivalent fraction of full-time employment. |
| 21.7 |
In the event that the University is able to obtain a Suitable Vacant Position for the Trades and Services Staff member, the University shall not be liable to provide the notice and severance payments which would otherwise apply. In the event that the Trades and Services Staff member rejects and offer of Suitable Vacant Position, the Vice-Chancellor may terminate the Trades and Services Staff member by giving notice of termination as specified in section 170CM of the Workplace Relations Act 1996. Such notice will apply in lieu of any remaining notice to which the Trades and Services Staff member may have otherwise been entitled, including any redundancy benefits due to the Trades and Services Staff member. |
| 21.8 |
This clause shall not apply to casual and/or probationary Trades and Services Staff members. |
| 21.9 |
A Trades and Services Staff member whose employment is terminated in accordance with this clause may terminate their employment during the notice period and shall be entitled to the same payments under this clause had they remained with the University until the expiry of such notice. Provided that in such circumstances the Trades and Services Staff member will not be entitled to payment in lieu of notice. |
