The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Seven – Staff Relations

43. Redundancy

43.1 This clause applies to staff on standard employment, including Research Academic Staff Career Employment.  This clause does not apply to fixed term and casual employment, employment schemes in S1.3 or terminations due to disciplinary action. 

43.2 Grounds for redundancy

43.2.1 The University may decide that the duties performed by a staff member are no longer required for reasons of an economic, technological, structural or similar nature.  Such reasons may include:

43.2.1 (a) For general staff, financial and staffing constraints leading to the rearrangement of functions and classifications, reduced demand or other workload factors, technological change and development, or legislative change.

43.2.1 (b) For academic staff, a decrease in student load or a decision to cease offering or to vary the academic content in any academic program or course or combination or mix of courses or subjects conducted on one or more campuses, financial exigency within an organisational unit or cost centre, and/or changes in technology or work methods.

43.2.1(c) For Research Academic Staff Career Employment, organizational productivity improvement or a restructure within a work area, that result in the loss of 6 or more academic staff positions.

43.3 Initial procedures

43.3.1 The University will act in accordance with the managing change provisions contained in clause 42 before notifying a staff member that his or her position has been declared redundant.

43.3.2 A staff member whose position is identified as surplus to the needs of the University will be advised that he or she can seek assistance from a staff representative and will be provided with a copy of this clause and the relevant polices and procedures.

43.4 Notification of redundancy
Where a redundancy arises, the University will notify the affected staff member(s) in writing that his or her position is to be declared redundant and his or her employment may be terminated, the reason for the redundancy, and the time line for this action. This letter will signal the commencement of the 8-week Transition Period (academic staff) or the 3-month redeployment period (general staff). For academic staff members, the University will also in the same letter advise the staff member that he or she can seek to be redeployed, and/or request a review of the decision to declare his or her position redundant.

43.5    Conditions of Redundancy

43.5.1 There will be no impediments to the redeployment of an academic or general staff member caused by a transfer of accrued entitlement liability to a receiving area. The staff member will retain continuity of service and leave entitlements.

43.5.2 A staff member may apply to have the notice and/or redeployment period (general staff), or transition and/or entitlement period (academic staff) extended if he or she has taken personal/sick leave on account of illness taken during any of these periods. The Director Human Resources will not unreasonably reject such applications.[1]Where accepted, the notice or redeployment period will be extended by the period of leave covered by a medical certificate, up to a maximum 6 weeks for notice period, and/or 3 months for the redeployment period (general staff), or 8 weeks for transition period and/or 22 weeks for the entitlement period (academic staff).

43.5.3 By agreement, the University and the staff member, and where he or she chooses, their representative, may vary the redundancy provisions provided in this clause.

43.5.4 Staff members will receive the entitlements in accordance with S5.1 and S5.2.

43.6 General Staff Redundancy

43.6.1 Following formal notification of redundancy, where the staff member decides to seek voluntary early separation, the University will give 6 weeks’ formal notice that the employment is to be terminated and the staff member will receive, in addition to payment in lieu of accrued annual leave and long service leave, a redundancy payment of 2.5 weeks’ salary for each year of service with a minimum payment of 5 weeks pay and maximum of 62.5 weeks pay.

43.6.2 A staff member may seek to waive the redeployment period for an enhanced termination payment.

43.6.3 Where the staff member does not seek voluntary early separation, the redundancy entitlements detailed in S5.1 apply.

43.6.4 Redeployment may include transfer to a suitable position elsewhere in the University which is occupied by a staff member with standard employment who would be interested in terminating his or her employment with the University by way of a voluntary redundancy with a separation package in accordance with the early separation payments above in 43.6.1.

43.6.5 Appeal in relation to benefits payable
A general staff member may seek review of any decision concerning the level and nature of redundancy payments, salary maintenance and other entitlements arising from redundancy through the grievance resolution provisions.

43.7 Academic Staff Redundancy

43.7.1 The provisions of this sub-clause do not apply where the University and the staff member negotiate a voluntary separation package prior to formal notice of redundancy.

43.7.2 For academic staff redundancy, the entitlements detailed in S5.2 apply.

43.7.3 All payments in S5.2 will be calculated on the staff member’s salary at the date of cessation of employment.  A staff member who has converted from full time to part time employment will receive payment based on the full time salary for his or her service up to the conversion to part time employment, and his or her payment from then on will be based on his or her part time salary for the remaining period.

43.7.4 For the purposes of this sub-clause, ‘salary’ means the amount paid to a staff member, including any salary supplementation, market loading, clinical loading or responsibility allowance paid at the time that the staff member is given formal notice of redundancy.

[1]Note: If the Director Human Resources rejects the staff member’s application for personal/sick leave, the staff member may make an application to have the decision reviewed.

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