Conditions applying in common to all trades and services staffThis Part shall apply in common to all trades and services staff except where otherwise expressly provided.
Section 2 - University and Staff Members' Duties, Employment Relationship and Related Arrangements
17. Redeployment
17.1 Rationale
It is recognised by all parties that in the event of:
- management-initiated major changes to the structure/role of an administrative unit or work unit which significantly affects the duties of the staff member; or
- financial exigency where there is not the capacity at the budget unit level to fund existing positions; or
- relocation from the staff member's primary campus imposing major inconvenience to the staff member (eg. through additional travel)
a staff member may be considered for redundancy. In such circumstances, the following Redeployment provisions will apply in order to attempt to avert the effects of the changes or avoid the Redundancy of the staff member.
17.2 Coverage
The following staff are eligible to be redeployed pursuant to this clause:
- staff members who have continuing appointments; and
- staff members who have Fixed-term appointments
but excluding staff with casual appointments.
17.3 Definition
The following definition will apply for the purposes of this clause.
“Suitable vacant position” means a position at the staff member's current classification level and for which the staff member has the appropriate skills and qualifications.
17.4 Commencement of Redeployment Search Period
Prior to any notification of Termination of Employment to the staff member pursuant to the Redundancy provisions at clause 18 below, a four-week Redeployment search period will be commenced.
17.5 Requirements During Redeployment Search Period
17.5.1 The staff member will be interviewed to ascertain his/her career interests and aspirations, experience, knowledge, level of skills and training needs.
17.5.2 The University will provide the staff member with the assistance of a trained adviser in developing a personal career plan and job search skills, including the preparation of a resume, letter of application and interview skills. The trained advisor will also assist the staff member to consider appropriate training activities which are to be agreed in consultation with the Dean/Divisional Director (as appropriate), a representative of the staff member's budget unit, and a staff member appointed by the Divisional Director (Staff and Student Services) and such training activities may be provided by an appropriate external organisation selected by the University.
17.5.3 The University will keep the staff member informed of suitable vacant positions to be advertised by the University.
17.6 Applications for Vacant Positions
17.6.1 Where the staff member applies for a vacant position with the University either at or below the staff member's existing classification level and that position is about to be advertised, the convenor of the selection committee for that vacant position will arrange for the staff member to be interviewed prior to the advertisement being placed. Provided that there shall be no entitlement to an interview in circumstances where the University's Workforce Planning Manager determines that the staff member is clearly unqualified for the position and would not become qualified within a reasonable period of time with or without training.
17.6.2 Where the interview confirms that the staff member either satisfies the selection criteria for the vacant position or would satisfy the selection criteria with reasonable training, the staff member's transfer to the vacant position will be effected at the earliest possible mutually convenient date for both the University and the staff member. Provided that if the staff member's existing salary is above the maximum salary payable for the vacant position, the staff member will maintain his/her salary until the maximum salary payable for the vacant position increases beyond the staff member's maintained salary rate. At that time, the staff member will translate to the nearest salary point in the salary range payable for the position above his/her maintained salary rate.
17.6.3 In the event that the interview is unsuccessful, the Divisional Director (Student and Staff Services) or nominee will review the decision that the staff member does not satisfy the selection criteria for the vacant position and would not satisfy those selection criteria even after reasonable training. The Divisional Director (Student and Staff Services) or nominee will then determine whether or not the decision made was valid, and the staff member will normally be given feedback by the convenor of the selection committee regarding the staff member's unsuccessful application where the Divisional Director (Student and Staff Services) or nominee is satisfied that the decision made was valid.
17.7 Trial Redeployment
17.7.1 Where the Divisional Director (Student and Staff Services) or nominee determines that the decision made under clause 17.6.2 above was not valid and he/she is satisfied that the staff member satisfies the selection criteria for the vacant position, the supervisor of the work unit where the vacancy exists will be required to employ the staff member for a three-month trial period and the staff member may be required to be redeployed to the position for an initial three-month trial period upon being formally offered the position. Such trial period will focus on the skill match of the staff member against the position occupied during the trial period.
17.7.2 Whilst on trial Redeployment , the staff member may be considered for any other vacancies arising during the four-week Redeployment search period.
17.7.3 Notification of Termination of Employment pursuant to the Redundancy provisions at clause 18 below may be given by the University to the staff member during the period of a trial Redeployment , provided such notification is delivered outside the four-week Redeployment search period. Any such notice validly given during the period of the trial Redeployment will continue to run during the trial Redeployment .
17.8 Formal offer of Redeployment
17.8.1 Where the staff member fails to apply for a vacant position with the university that the university considers represents an appropriate and reasonable Redeployment , the university may make a formal offer of Redeployment to that position to the staff member.
17.8.2 The staff member's rejection of a formal offer of Redeployment does not constitute an unreasonable rejection where such rejection is on the grounds of geographic location.
17.9 Offer of Voluntary Separation Package
17.9.1 Simultaneous with the commencement of the four-week Redeployment search period, the University will offer the staff member a voluntary separation package comprising:
- payment in lieu of the remaining balance of the four-week Redeployment search period;
- payment in lieu of the notice period applicable to the staff member's Termination of Employment by involuntary retrenchment under clause 18 below; and
- payment of the severance pay to which the staff member would have been entitled under clause 18 below had his/her Employment been terminated on the grounds of redundancy.
However, where the staff member is employed under a Fixed-term contract of Employment, the sum payable to the staff member will not exceed the amount that would have been payable had the staff member continued in Employment until the expiry of his/her Fixed-term contract of Employment.
17.9.2 Any voluntary separation package payment will be calculated on the basis of the staff member's average fraction of Employment over his/her last five years of service or his/her fraction of Employment at the date of Termination of his/her Employment, whichever is the greater.
17.9.3 The University's offer of a voluntary separation package will remain valid until the expiry of the four-week Redeployment search period.
17.10 Termination of Employment on Notice During Redeployment Search Period
In the event that the staff member unreasonably rejects a formal offer of Redeployment from the University and does not accept the voluntary separation package offered, the Vice-Chancellor may terminate the Employment of the 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 staff member may have been entitled, including any Redundancy benefits due to the staff member.
17.11 Expiry of Redeployment Search Period
In the event that:
- the Redeployment search is unsuccessful in placing the staff member in a suitable vacant position; and/or
- the staff member does not accept the University's offer of a voluntary separation package
by the expiry of the Redeployment search period, the university may then give notice of Termination of Employment to the staff member pursuant to clause 18.
17.12 Staff Member's Entitlements During Redeployment
17.12.1 The staff member will retain:
- his/her current salary, classification and incremental range throughout the currency of the Redeployment search period as well as during any trial Redeployment ; and
- his/her existing continuing or Fixed-term Employment status while subject to this clause.
17.12.2 The staff member is entitled to union representation throughout all stages of the Redeployment process. |
