Organisational Change
7Definitions
7.X “Major Organisational Change” means a process of outsourcing, or major change in an Organisational Unit, which involves the need for a reduction in the number of employees with the possibility that retrenchments might result.
7.X “Minor Organisational Change” means a process of major organisational change in an Organisational Unit which does not involve the need for a reduction in the number of employees but significantly affects reporting relationships, or which significantly varies the duties and/or workloads of more than one (1)1 position.
7.X “Roster or Work Hours Change” means changes to the hours of work, roster, or breaks of 1 or more Professional Employees.
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PART 11 - CONSULTATION ON ORGANISATIONAL CHANGE AND REDUNDANCY
75 Roster or Work Hours Change
a. This clause only applies to Professional Employees. It does not apply to Casual Employees or an employee whose working hours are irregular, sporadicsporadic, or unpredictable.
b. The University may initiate a Roster or Work Hours Change (as defined in clause 7.X) within the employee’s ordinary span of hours.
c. Where the University proposes to initiate Roster or Work Hours Change, Consultation (as defined in clause 7.X) will occur with all directly affected Professional Employees.
d. The University will also consider any possible impact on family or caring responsibilities, before making a final decision.
e. The University will not seek to utilise these provisions unreasonably.
76 Minor Organisational Change
Where the University proposes Minor Organisational Change (as defined in clause 7.X), Consultation (as defined in clause 7.X) must occur with all affected employees, and if they so choose with their Representatives, and with the relevant Staff Consultative Committee. Consultation will include the provision of all relevant information including budgetary information.
75 Major Organisational Change and Job Security
75.1 The University may assess that Organisational Change or Major Organisational Change is required for reasons such as, but not limited to, the following:
77 changes in the nature of the organisation of functions of anOrganisational Unitunit, or of significant work methods of the uOrganisational Unit;
78 financial exigency or budget constraints;
79 outsourcing of one or more functions;
80 changes in technologythe use of ;
81 work that has been traditionally carried out is no longer needed; and / or
82 variation to the discipline or program mix in an academic unit.
83 75.2To avoid doubt, this clause also applies to a change to employees’ regular roster or ordinary hours of work. In circumstances where the University wants to change employees’ regular roster or ordinary hours of work, the University will consult about the impact of the change with relevant affected employee and consider any views given by the affected employees (including any possible impact in relation to their family or caring responsibilities) before making a final decision.
84 75.3The provision of the greatest degree of job security for employees is important to the University and natural attrition is the preferred method of effecting Major Organisational Cchange
85 The Parties to the Agreement recognise that the use of Artificial Intelligence can assist in reducing staff workloads, however, where there are impacts that could lead to Major Organisational Change, early discussion will occur at the relevant Staff Consultative Committee(s).
86 75.4It is agreed that:
87 Casual employment Employment is a supplement to, and not a substitute for, the creation of Continuing and Fixed-term Term positionsEmployment; and
88 compulsory redundancy is a last resort and is to be avoided if possible.
89 Consultation in Relation to Minor Organisational Change
90
7775.5Where the University proposes Minord Organisational Change will not result in job loss, Consultation must occur with all affected employees, and if they so choose with their Representatives, and with the relevant Staff Consultative Committee. Consultation will include the provision of all relevant information including budgetary information.Outsourcing
a. The University recognises that the use of contractors and third-party providers (including subsidiary or associated entities of the University) may prejudicially alter the job security of some employees covered by this Agreement.
b. Where the University decides that there is a possible need for the outsourcing of work to a third party or associated entity that is currently being performed by University employees, the University will consult with directly affected employees and the relevant Staff Consultative Committee in accordance with clause 78 (Major Organisational Change and Redundancy).
7876Consultation in Relation to Major Organisational Changeand Redundancy
78.1 General Provisions
a. The University may assess that Major Organisational Change (as defined in clause 7.X) is required for reasons such as, but not limited to, the following:
(i) changes in the nature of the organisation of functions of an Organisational Unit, or of significant work methods of the Organisational Unit;
(ii) financial exigency or budget constraints;
(iii) outsourcing of one or more functions;
(iv) changes in technology, including the use of artificial intelligence;
(v) work that has been traditionally carried out is no longer needed; and / or
(vi) variation to the discipline or program mix in an academic unit.
b. The provision of the greatest degree of job security for employees is important to the University and natural attrition is the preferred method of effecting Major Organisational Change
c. The parties to this Agreement recognise that the use of Artificial Intelligence can assist in reducing staff workloads, however, where there are impacts that could lead to Major Organisational Change, early discussion will occur at the relevant Staff Consultative Committee(s).
d. It is agreed that:
(i) Casual Employment is a supplement to, and not a substitute for, the creation of Continuing and Fixed-Term Employment; and
(ii)compulsory redundancy is a last resort and is to be avoided if possible.
b.
a.e.76.1 The management of Major Organisational Change is enhanced by genuine Consultation (as defined in clause 7.X) between the University, the Union/s, and affected employees. Affected employees may be represented for the purposes of Consultation.
f.76.2 The University will ensure that the Major Organisational Change will not result in unreasonable workload for any employees.
g. It is in the interests of all parties that processes under this clause are managed in a timely manner, balancing the psychosocial wellbeing of employees with the operational requirements of the University.
b.h.76.3 The provisions of clause 78 (Major Organisational Change)in this clause do not apply:
(i) in relation to the expiry ofwhere a Fixed-term Term contract/sexpire/s in accordance with its own terms;
(ii) when the relevant senior managerUniversity assesses that up to three (3)35 positions are identified as excess to requirements, provided that:
in all circumstances, the University will consult with affected employees (and their nominated Representative where applicable) about the proposed change and allow them to provide feedback, which the University will consider before initiating the change;
this does not result in an unreasonable workload for other employees in the work area;
the employee has been advised of their option not to accept a Voluntary Redundancy Package (VRP) and has been provided with a copy of clause 7876 (Major Organisational Change) of this Agreement; and
the employee or employees concerned agree to take a VRP.
In such cases the relevant Consultative Committee shallwill be notified of the position(s) which are excess to requirements and their Organisational Unit. The notification will occur within two (2)2 working days of the employee(s) accepting a VRP.;
(iii)Where where an employee agrees to be transferred to a position at the same classification with substantially the same duties within the University or in another University or higher education institution.; or
(iv) Wwhere the University seeks to mitigate the need for forced job loss and/or reduce the possible psychosocial and other impacts of Major Organisational Change by offering employees the option to accept a VRP or any other proposals.
78.2 76.4Where the proposed Major Organisational Change will result in Continuing positions being excess to requirements and redundancies, the following process will be followed, prior to a final decision to proceed with the change:
78.2 Major Organisational Change Proposal:
a. The relevant senior managerUniversity will circulate a major organisational change Proposal proposal (Proposal) to directly affected employees and of the relevant Staff Consultative Committee and the relevant Union/s.and the relevant Union/s
b. To enable the Consultation process, the Proposal will provide adequate detail about the proposed change, including the following matters, to the extent possible:
(i) Background – including alternative options that have been considered.
(ii) Reasons for the proposed change – including the aim of the change and budget position, where relevant.
a. Justification – covering the background to the proposed changes, their aim, the budget position and options for alternative solutions.;
b. Consultation.;
(iii) Recommendations Proposed Changes – including, where relevant:
covering structural changesthe specific detail of the proposed structural changes;
, the specific positions which are directly affected and which are proposed to be disestablished or changed;
proposed reductions in the number of employees, identification of what workduties whichareis no longer required to be performed;
andidentification of what dutieswork whichwould will be transferred to other employees positions or new positions;
and workload allocations; and
opportunities for employees whose positions are proposed to be disestablished to express an interest in a VRP or other measures to avoid forced redundancies.;
(iv) Proposed Implementation Plan – including, where relevant:
a timetable;
measures to avoid redundancy including voluntary separations, part-time appointments, redeployments and retraining, natural attrition, use of pre-retirement contracts, transfer of employees to like positions in the proposed structure;
measures to protect equity;
any impacts on workloads; and
the criteria for identifying employees to be retrenched, if such retrenchments become necessary.
(ii)(v) Risk Assessment/s – on workplace health and safety risks, where relevant.
c. The University will provide a reasonable period for Consultation Normally there will be a period of twenty (20) working days for Consultation with affected employees, unless an alternative period is agreedin relation to Major Organisational Change (Consultation Period).
d. The relevant senior manager (or nominee)University will provide opportunities for employees to discuss and provide feedback in relation to the Proposal during the Consultation periodPeriod.
(i) Normally there will be a period of twenty (20) working days for Consultation with affected employees, unless an alternative period is agreed.
e. The relevant senior managerUniversity will give consideration to matters raised by employees during the Consultation periodPeriod, including any alternative proposals or any request from a directly affected employee to accept a VRP or other proposals to mitigate forced job loss and mitigate any existing or potential psychosocial impacts of the Major Organisational Change.
f.If, after the Consultation Period, the University determines that no substantive or significant changes to the Proposal are required, the University will implement the proposed changes in accordance with clause 78.4.
78.3 At the end of the initial Consultation periodPeriod, the relevant Staff Consultative Committee may agree that the change proposed is reasonable and justified and allow referral to the Relevant Senior Executive for approval in accordance with clause (vi) without undertaking the further Consultation required by clause (i-v)if the University determines that changes are necessary to the original Major Organisational Change proposal it will issue a Ffinal Proposal in accordance with clause xx.x – Final Proposal below.
78.4 If the University determines that no changes or only minor amendments to the original Major Organisational Change Proposal are required, the University will implement the proposed changes in accordance with xx.x - Implementation.
78.3 Final Major Organisational Change Proposal:
a. If, after the Consultation Period, the University determines that substantive or significant changes to the Proposal are required, it will issue a final Major Organisational Change Proposal (Final Proposal).
(i) If, clause 76.4a(v) has not been enlivened and, after considering matters raised during Consultation, the relevant senior manager wishes to proceed with the Organisational Change, the University will issue a Final Proposal.
d. Where feedback received during Consultation, including from the Staff Consultative Committee, suggests that substantive amendments should be made to the Proposal, and those amendments are acceptable to the University, they will be included in the a Final final Proposal.
b. The Final Ffinal Proposal will be circulated to the directly affected employees and , members of the relevant Staff Consultative Committee and the Union.and the Union
a.c. The University will provide a reasonable period for further Consultation in relation to the fFinal Proposal.
e. The relevant Staff Consultative Committee will be provided with responses to the issues and suggestions raised during Consultation, and will consider and provide meaningful advice as to whether the proposed Organisational Change is justified and reasonable, having regard to matters such as, whether or not:
f. Consultation with employees has occurred;
g. workload issues that they have previously identified have been addressed and proposed workloads are reasonable and equitable;
h. the recommendations, including criteria for identifying employees to be retrenched are fair and reasonable; and
i. the proposed implementation of the changes is reasonable and timely.
j. If the Staff Consultative Committees calls for modifications, these will be considered by the relevant senior manager.
k. At least ten (10)10 working days after the release of the Final final Proposal, the Final final Proposal together with feedback received from affected employees and the advice from the Relevant Staff Consultative Committee (if any) will be forwarded to the Relevant Senior Executive for consideration.
b.d. The Relevant Senior ExecutiveUniversity will, after due and proper consideration of any feedback received from affected employees and the advice from the Rrelevant Staff Consultative Committee (if any), reject or approvemake a final decision in relation to the Final fFinal Proposal for implementation.
78.678.476.5 Implementation of the Proposal
a. Where the Relevant Senior ExecutiveUniversity determines to implement the Major Organisational Change, the University will provide details of the implementation arrangements to directly affected employees and their Representatives.
b. In filling positions in any new structure as part of implementing the Major Organisational Change, the University will ensure that:
(i) an Eemployee whose position remains in the new structure and is not significantly changed will continue to hold the same or substantially similar position; and
(ii) an Eemployee whose position does not remain in the new structure will be given first opportunity to submit an expression of interest for in any positions which are vacant or are created in the new structure.
c. Where, following the process referred to at clause 78.4(76.5b)(ii) .ii above, an employee has not submitted an expression of interest in any positions in the new structure or whose expression of interest was unsuccessful, the University may place the employee in any position in the new structure or elsewhere provided that the position is consistent with the employee’s existing classification, skills, qualifications and experience and it is a reasonable alternative position, in accordance with the FWA..
d. Where an employee has expressed interest in a VRP in accordance with clause 78.1(c)(vi), and the University agrees, the employee will receive a redundancy payment and their employment will cease at the earliest opportunity, nominated by the University. The redundancy payment will be an amount calculated in accordance with clauses 78.7 or 78.8.
78.7
Notification of Redundancy
a. Where, following completion of the processes referred to in subclause 78.476.5, an affected employee’s position have been made redundant does not hold a position in the new structure and they are unable to be placed in suitable alternative employment or elsewhere within the University, the employee will be provided with correspondence from the Chief Human Resources Officer (or Nominee) as notice of redundancy and retrenchment.
b. Where an employee receives notification from the University consistent with clause 78.5(xx.x a). above, the employee may electimplementation of the Proposal results in job loss an employee who holds a Continuing position which has been identified as surplus to requirements may elect, within ten (10)10 working days of written notification, to:
(i) accept a VRP redundancy payment and leave the Universitycease employment at the earliest opportunity (taking into account operational requirements), nominated by the University; or
(ii) seek redeployment in accordance with clause 78.6.76.6; or
a. seek appointment on a part-time basis. The employee will be advised within ten (10)10 working days of making the election, whether a part-time appointment can be accommodated having regard to the operational requirements of the Organisational Unit.
b. Where provided for in the Proposal, the University may offer employees in an affected area the opportunity to express interest in a VRP in which case the University will decide within ten (10)10 working days, which expressions of interest can be accepted, having regard to the operational requirements of the Organisational Unit, and will offer VRPs to the identified employees.
c.e. An employee who accepts a VRP redundancy payment will receive the redundancy payment described in clauses78.776.7 or 78.876.8 and will cease employment leave the University at the earliest opportunity, nominated by the University.
d.f. An employee who has received formal notification in accordance with clause 78.5(a) and who does not accept a redundancy payment or holds a position which has been identified as surplus to requirements and who does not apply for a Vseek RP or , redeployment or part-time appointment, will be assumed to have sought redeployment under clause 76.6.
76.6RedeploymentPeriod and Process
a. The clause will not apply in circumstances where it is clear that no viable opportunities are available or will become available, given the employee’s discipline and area of expertise. In these circumstances the employee will be retrenched with immediate effect and paid the redundancy amounts specified in clauses 78.7 or 78.8 plus an additional 5 weeks’ salary.
b. An employee who holds a position which has been identified as surplus to requirements may elect to seek redeployment in accordance with the following provisionswWhere an employee elects to seek redeployment in accordance with with clause 78.5(b)(ii)xx.x, the University and the employee will make reasonable attempts to find a suitable alternative position for the employee.
c. The employees will only be redeployed to a position at a lower classification level at their written request.
l.d. During the redeployment period the following arrangements will apply:.
(i) The University will make reasonable attempts to find a suitable alternative position for the employee. The redeployment period will operate concurrently with the period of notice of retrenchment be for twenty-five (25) working days, with consideration of the Christmas/New Year period where applicableapplicable, and will operate concurrently with the period of notice of redundancy which is required to be provided to the employee under clause X (Notice Periods – Continuing Academic and Professional Employees).
(ii) During the redeployment period, Tthe University and the employee will make reasonable attempts to find a suitable alternative position for the employee.
(iii)(ii)Redeployment will normally be to a position at the same classification levelof the employeeas the employee’s position which has been disestablished.
(iv) An employee seeking redeployment will not be required to compete against external or internal applicants in open competition but will be required to meet the requirements of the position, including selection criteria, or be capable of meeting the requirements of the position, including selection criteria, within a three (3)3 month3-month period.
(v)(iii)
(vi)(iv) The University will notify the employee of possible redeployment opportunities. The employee should also notify Human Resources of advertised positions for which they wish to be considered.
e. If an employee is redeployed, a trial period of 3 months will be required. Prior to the end of the trial period, the Supervisor will review the trial with the employee and recommend to the Chief Human Resources Officer (or nominee) that the employee be:
(i) confirmed in the position; or
(ii) retrenched and paid a redundancy payment in accordance with clauses 78.7 or 78.8 as appropriate.
f. The Chief Human Resources Officer (or nominee) will take into account the views of the employee and the Supervisor before making a final decision in accordance with clause 78.6(d).
g. Where an employee is redeployed to a position at a lower classification level than their position which was disestablished, the following arrangements will apply:
(i) Where the new position is less than 2 classification levels lower, the employee’s salary will be maintained at the higher classification level for a period of 3 months;
(ii) Where the new position is 2 or more classification levels lower, the employee’s salary will be maintained at the higher classification level for a period of 6 months;
(i) The provisions of clause 69.5(a)(ii)76.5a(ii) and this clause 76.6 shallwill not apply in circumstances where it is clear that no viable opportunities are available or will become available in that time, given the person’s discipline and area of expertise. In these circumstances the employee will be retrenched with immediate effect and paid the redundancy amounts specified in clause 76.7 or 76.8 plus an additional five (5)5 weeks’ salary.
(ii) Subject to operational requirements, an employee may request redeployment prior to the timelines set out in clause 76.5 at any stage of the process where it becomes apparent that the employee’s position may become redundant. A request for redeployment under this clause will not be unreasonably refused.
(iii) Where redeployment to a lower-level position occurs, and the superannuation fund rules allow, the University will maintain the employee’s superannuation entitlements for a period of 4 years by paying to the employee’s superannuation fund:
the employer superannuation contribution at the employee’s previous higher classification salary rate; and
where relevant, the difference between the employee’s former contribution at the higher salary level and the employee’s contribution at the new lower salary level (after accounting for employer contributions and tax).
h. At the completion of any period of salary and/or superannuation maintenance under clause 78.6(f), the employee’s salary and/or superannuation contributions will revert to the lower classification level.
i. Employees who are unable to be redeployed during the redeployment period will be paid a redundancy payment calculated in accordance with clauses 78.7 or 78.8 on termination of their employment. Unless otherwise agreed with the Where an employee has sought redeployment and has not been successful, the employee and the relevant senior managerChief Human Resources Officer, the employee’s employment will cease at the conclusion of the redeployment period. may agree the employee’s cessation date. The employee may apply to take a period of their accrued annual leave or long service leave prior to the cessation date.
78.1978.8otice Period & Subject to operational requirements, an employee may request redeployment prior to the timelines set out in clause at any stage of the process where it becomes apparent that the employee’s position may become redundant. A request for redeployment under this clause will not be unreasonably refused.
78.10 If a suitable alternative position is found, a trial period of three (3)3 months will be required. At the end of this period the relevant manager will review the trial with the employee and recommend to the Relevant Senior ExecutiveChief Human Resources Officer (or nominee) that the employee be:
78.11 confirmed in the position; or
78.12 offered a VRP; or
78.13 retrenched and paid a redundancy payment in accordance with clause 76.7 or 76.8 as appropriate.
78.14 The Relevant Senior ExecutiveChief Human Resources Officer (or nominee) will decide and will take into account the views of the employee and the relevant manager before making a final decision on whether the traial is successful.
78.15 Employees who are unable to be redeployed during the redeployment period will be paid a redundancy payment calculated in accordance with clause or .8 on termination of their employment.
78.16 The If an employee is redeployed to a position at a lower rate of pay than their former position, the employee will remain on the higher salary for a period of three (3)3 months except in circumstances where an employee is redeployed to a position two (2)2 or more classification levels below the position that was disestablished. In such circumstances, the employee will remain on the higher salary for a period of six (6)6 months. After this time pay will revert to the salary of the level of the lower position.
78.18 Where redeployment to a lower-level position occurs the University will protect the employee’s superannuation entitlements by continuing to pay the employer’s superannuation contribution at the employee’s previous classification salary rate and will also pay the difference between their employee’s former contribution at the old salary level and the employee’s contribution at the new salary level (after accounting for employer contributions and tax) for a maximum period of four (4)4 years. This arrangement will only apply where superannuation fund rules allow.
78.1878.7 76.7Redundancy Payment – Pay Calculation for Academic Employees
a. This clause applies to Continuing Academic employees Employees (fullFull-Ttime or partPart-timeTime) and does not apply to employees appointed on a Casual, Research (Contingent Funded) or Fixed-term Term basis.
b. An employee whose position is made redundant will be given a redundancy payment and will leave employmenttheir employment will cease at the University at the earliest opportunity, nominated by the University.
c. The redundancy payment will be an amount calculated in accordance with the method set out below, paid as a lump sum by the University and taxed according to the Australian Taxation Office requirements for redundancy payments.
d.c. On termination, tThe employee will receive:
(i) notice in accordance with clause X (Notice Periods – Continuing Academic and Professional Employee)their contract of employment, or payment in lieu of all or part of the notice period;
(ii) a retrenchment redundancy payment calculated as followson the employee’s current base salary for a period of:twelve (12)12 months’ pay, (lLess an amount equivalent to what would be the applicablerelevant PAYG tax), plus a severance payment calculated as follows:
Years of ServiceCriteria (Less concessional tax): Payment
Up to the completion of two (2)2 years: Four (4)4 weeks’ pay
Two (2)2 years and up to the completion of three (3)3 years: Six (6)6 weeks’ pay
Three (3)3 years and up to the completion of four (4)4 years: Seven (7)7 weeks’ pay
Four (4)4 years and over: Eight (8)8 weeks’ pay
(iii) Pro-rata long service leave entitlements for employees with five (5)5 years or more continuous service in accordance with clause X (Long Service Leave).
e.d. For the purposes of calculating the redundancy entitlementservice, casual service will not be counted. Where there has been a combination of fullFull-time Time and fractional service then fractional service will be recalculated into fullFull-time Time equivalent service and payment made at the fullFull-time Time salary rate. For example, if an employee has completed 2 years of Full-Time continuous service and 2 years of 0.5 FTE Part-Time continuous service, the employee's redundancy payment will be calculated based on "2 years and up to the completion of 3 years" Full-Time continuous service at the employee's FTE rate of pay.
f.e. An employee may elect to cease employment at any time during the notice of redundancy period. Agreement will not be unreasonably withheld in circumstances where an employee requests to leave employment prior to the proposed cessation date. Where, pursuant to this clause, In such circumstances, thean employee leaves employment prior to the nominatedwill be paid cessation date, the remainder of their notice will be paid in lieu.
f. Where an employee is redeployed into a Fixed-term Term position and the redeployment ceases as a result of the non-renewal of a the Fixed-term Term contract by the University the employee will remain entitled to:
(i) the full amount of the redundancy payment (calculated as above) for a period of up to three (3)3 months after the initial redeployment; or
(ii) a redundancy payment (calculated as above) less the number of weeks paid under the Fixed-term Term contract/s after the three (3)3 month3-month period, provided that long service leave shallwill be calculated as from the last date of actual employment with the University.
78.1978.8 Notice Period & 76.8Redundancy Payment – Pay Calculation for Professional Employees
a. This clause applies to Continuing employees Employees (fullFull-time Time or partPart-timeTime) and does not apply to employees appointed on a Casual, Research (Contingent Funded) or Fixed-term Term basis.
b. An employee whose position is made redundant will be given a redundancy payment and their employment will cease at the earliest opportunity, nominated by the University.
c. On termination, the employee will receive:
(i) Notice calculated as follows, or payment in lieu of notice:
Employee’s Period of Continuous Period of Service with the Employer: Notice: Over 45 years of age with 2 years or more Continuous Service
Not more than 1 year: 1 week:
More than 1 year but less than 3 years: 2 weeks: 3 weeks
More than 3 years but less than 5 years: 3 weeks: 4 weeks
More than 5 years: 4 weeks: 5 weeks
b. Employees who are retrenched or accept a VRP after the restructure proposal has been approved by the Relevant Senior Executive will receive:
(ii) A redundancy payment calculated on the basis of Two (2)2 weeks’ pay for each year of continuous service, subject to a minimum twelve 1(12)12 weeks payment and a maximum of sixty-four (64) weeks payment.
Where there has been a combination of fullFull-time Time and partPart-time Time service then part-time service will be converted to fullFull-time Time equivalent service and payment made at the fullFull-time Time rate. In calculating years of service, service as a Casual employee Employee will not be included.
(i)(iii) Pro-rata long service leave entitlements for employees with five (5)5 years or more continuous service in accordance with clause X (Long Service Leave)..
(ii) Notice calculated as follows, or payment in lieu of notice:
Employee’s Period of Continuous Period of Service with the Employer: Notice: Over forty-five (45) years of age with two (2)2 years or more Continuous Service
Not more than one (1)1 year: One (1)1 week
More than one (1)1 year but less than three (3)3 years: Two (2)2 weeks: Three (3)3 weeks
More than three (3)3 years but less than five (5)5 years: Three (3)3 weeks: Four (4)4 weeks
More than five (5)5 years: Four (4)4 weeks: Five (5)5 weeks
d. For the purposes of calculating continuous service for the purposes of this clause, casual service will not be counted. Where there has been a combination of Full-Time and fractional service then fractional service will be recalculated into Full-Time equivalent service and payment made at the Full-Time salary rate. For example, if an employee has completed 2 years of Full-Time continuous service and 2 years of 0.5 FTE Part-Time continuous service, the employee's redundancy payment will be calculated based on "2 years and up to the completion of 3 years" Full-Time continuous service at the employee's FTE rate of pay.
e. An employee may elect to cease employment at any time during the notice of redundancy period. In such circumstances, the employee will be paid the remainder of their notice in lieu.
c.f. Where an employee is redeployed into a Fixed-term Term position and the redeployment ceases as a result of the non-renewal of a Fixed-term Term contract by the University, the employee will remain entitled to:
(i) the full amount of the redundancy payment (calculated as above) for a period of up to three (3)3 months after the initial redeployment; or
(ii) a redundancy payment (calculated as above) less the number of weeks paid under the Fixed-term contract/s after the three (3)3 month3-month period, provided that long service leave shallwill be calculated as from the last date of actual employment with the University.
78.2078.976.9 Post Implementation Review
The relevant Staff Consultative CommitteeUniversity will, on request from the relevant Staff Consultative Committee, undertake a review of the success extent to whichof the restructuring Major Organisational Change has delivered on its key objectives, at a suitable time after the restructuring has been put in place. Such a request may be made , generally between six (6)6 and nine (9)9 months following implementation. The outcome of the review will be referred to the Relevant Senior Executive. The relevant Staff Consultative Committee will be provided with details of the outcome of the review.
77 Outsourcing
77.1The University recognises that the use of contractors and third-party providers (including subsidiary or associated entities of the University) may prejudicially alter the job security of some employees covered by this Agreement.
77.2Where a relevant senior manager decides that there is a possible need for outsourcing work to a third party or associated entity that is currently being performed by University employees, the University will initiate Consultation with affected employees and the relevant Union. Such Consultation will occur prior to any final decision by the University to take any steps to outsource the work.
77.3The relevant senior manager will provide all relevant documentation and information on the proposal including why it considers outsourcing to be necessary and shallwill consult in good faith about whether the work should be outsourced or whether there are other options that would minimise any possible impact on existing employees. The information to be provided will include relevant budget and financial information and other relevant information demonstrating the need to outsource the services in question subject to any requirements of commercial confidentiality.
77.4The relevant senior manager will report to the relevant Staff Consultative Committee on the outcome of the Consultation process and the rationale for the decision made.
77.5Where a decision to outsource will result in the redundancy of a number of positions in excess of those exemptions listed in clause 76.3, Consultation will occur in accordance with the provisions of clause 76.
77.6Notwithstanding the above, the University may, in respect of any emergency or other unforeseen exigency, contract out work on a short-term basis, and may contract out in respect of occasional "one-off” circumstances affecting a small number of Professional employees Employees (e.g. training in the safe use of new equipment). In the case of an emergency or other unforeseen exigency the University will inform the relevant Staff Consultative Committee.
77.7Nothing in this clause limits the right of the University to hold discussions with potential providers of outsourcing services or arrangements.
78 Use of Contractors
78.1The University may engage contractors (as distinct from contracts for supply and installation) where:
specific expertise is required; and
that expertise is not reasonably available within the University or not available to allow completion of the work within the required timeline;
that expertise could not reasonably be obtained by existing employees;
the nature of the work is considered to be outside the work parameters expected of employees; or
there is an emergency or unforeseen exigency.
78.2Where appropriate, a lack of skills identified under this clause shallwill be targeted for inclusion in training/career development programs.
78.3Consultation will take place between the University, affected employees and their Representatives should the University wish to employ contractors to perform work that is currently being undertaken by employees or might be performed by future University employees. Except in the case of an emergency, such Consultation will take place prior to the decision to contract out services
Bargaining Team Response
The bargaining team had extensive notes on this as these proposed changes consistently go against good change management principals and are at odds with Fair Work and Safe Work guides on change management and psychosocial hazards.
Management assert that their proposed changes were to limit psychosocial hazards and indicated that they believe that the current required consultation, and the required periods they have to give workers to consider their proposals were the causes of these hazards.
When pressed management could not give any examples of research, best practises, or expert advise that led them to this conclusion.