Part J: Redeployment and redundancy

Exclusion of certain categories of staff

265

Clauses 266 to 290 do not apply to:

staff employed on a casual basis;
staff serving a period of probationary employment;
staff employed for a fixed term, in relation to the termination of their employment at the end of the specified term, task or project;
staff employed for a fixed term under a contract that provides for contingency instead of an end date in circumstances where the contingency is invoked;
postgraduate fellows in relation to the termination of their employment at the end of the fellowship;
research staff employed on a continuing (funding contingent) basis; and
English language teaching staff (to whom the redundancy provisions in Schedule 5 apply).

Job security

266

The University has a goal of maintaining the overall size of its workforce. However, where any such reductions occur, the University is committed to minimising involuntary redundancies, will endeavour to utilise them only as a last resort. If the University decides to reduce the number of staff, it will first consider measures such as:

reducing numbers by natural attrition;
offering part-time employment;
redeployment;
transferring or seconding staff, or arranging suitable alternative employment;
offering voluntary early retirement schemes; and/or
inviting expressions of interest in voluntary redundancy.

Voluntary early retirement schemes

267: The University may offer early retirement in accordance with voluntary early retirement schemes approved by the Australian Taxation Office, but reserves the right to reject an expression of interest in voluntary early retirement submitted by an individual staff member.

Redundancy

Declaration of redundancy

268: Following informal discussions, where the University determines that a staff member’s position is redundant, they will be notified in writing and offered voluntary redundancy. A notice period of 12 weeks will commence on the date that such written notification and offer of voluntary redundancy is dispatched by certified mail or delivered by hand to the staff member or their nominated Representative (the Notice Period). The offer of voluntary redundancy will provide an estimate of the staff member’s entitlements to notice (or payment in lieu of notice), severance pay and payments in lieu of accrued leave.
269: Staff will be entitled to up to one day’s paid leave per week (pro rata) during their Notice Period for the purposes of seeking other work, outplacement service or financial advice.
270: The Notice Period will be extended by any period of paid maternity leave which falls within the 12 week period.

Consideration period

271

The staff member will be given a Consideration Period of four weeks from the commencement of the Notice Period to decide whether to:

accept the offer of voluntary redundancy;
seek redeployment; or
request a review of the decision that their position is redundant.

Accepting an offer of voluntary redundancy

272: Where a staff member accepts an offer of voluntary redundancy, their employment will end on the date specified in the offer or such other date as the University and the staff member may agree. If the termination date is earlier than the end of the Notice Period, the staff member will be paid in lieu of the balance of the Notice Period.
273: On voluntary redundancy, the staff member will receive payment in lieu of the balance of the Notice Period under clause 268 (if applicable) and severance payments in accordance with clause 289.
274: A staff member who agrees to an alternative termination date later than the expiration of the Notice Period to suit the needs of the University will receive an additional payment equivalent to four weeks’ Salary. A staff member’s entitlement to this payment will be confirmed by the University in writing at the time of confirming the staff member’s termination date.

Seeking redeployment

275: Where a staff member who is made an offer of a voluntary redundancy seeks redeployment, the University will make every reasonable effort to redeploy the staff member during the Notice Period in accordance with the University’s Redeployment Policies in place at the commencement of this Agreement. The University and the staff member are jointly responsible for seeking redeployment opportunities within the University during the Notice Period.
276: A staff member who wishes to be redeployed must not unreasonably refuse redeployment to a position at their existing level (including a position at another location) or to undertake training.
277: Where a member of General staff seeking redeployment applies for an advertised position at or below their existing level, they will be considered in advance of other candidates. A staff member may be redeployed on a trial basis for up to six months during which time the staff member’s new Supervisor will assess their performance in accordance with the University’s Performance Management and Development procedures.
278: Where a staff member is required to transfer to a new work location, they will be entitled to relocation assistance in accordance with University policy.
279: A staff member who is redeployed to a position with a lower Salary rate will continue to be paid at the Salary they received immediately prior to redeployment for a period of six months or until the salary applicable to their new role matches their previous salary, whichever occurs first. Loadings and/or allowances will continue to be paid only if they are loadings and/or allowances which also apply to the position to which the staff member has been transferred.

Involuntary redundancy

280

If the staff member is unable to be redeployed during the 12 week Notice Period or if a period of redeployment undertaken by the staff member is not successful, their employment will cease on grounds of involuntary redundancy in accordance with clause 282.

281

If at the conclusion of the four week Consideration Period outlined in clause 271, a staff member has neither elected to accept an offer of voluntary redundancy nor sought redeployment, their employment will cease on grounds of involuntary redundancy. The staff member will be given notice of the cessation of their employment or payment in lieu of notice as set out below and severance payments under clause 289.

282

Where a staff member who has sought redeployment is unable to be redeployed, either at the conclusion of the Notice Period, or if a period of redeployment undertaken by the staff member is not successful, their employment will cease on grounds of involuntary redundancy. The staff member will be given notice of the cessation of their employment or payment in lieu of notice as set out below and severance payments under clause 289.

Completed years of Continuous Service	Notice Period
Up to 1 year	1 week
Over 1 year and up to 3 years	2 weeks*
Over 3 years and up to 5 years	3 weeks*
Over 5 years	4 weeks*

*Staff who are over 45 years of age at the time of the notice and who have at least two years Continuous Service with the University will receive one additional week’s notice.

Review of redundancy decision

283

A staff member who receives notice in accordance with clause 268 may apply to the Delegated Officer (Staffing) for a review of the decision that their position is redundant, and the University will convene a Review Committee within ten working days of receiving such a request.

284

The Review Committee will review the decision to declare the staff member’s position redundant and prepare a report for the Delegated Officer (Staffing) within ten working days (or such longer period as may be reasonably necessary for it to complete its review) in relation to:

whether the staff member's position was genuinely redundant;
whether fair and objective criteria were used to select the staff member for redundancy;
whether the consultation requirements in clauses 257 to 263 were followed, and, if not, whether any unfairness resulted from a failure to follow those requirements; and
whether adequate consideration was given to measures to avert or mitigate the adverse effects of redundancy, and if not, whether there were alternative measures available.

285

The relevant Delegate will make a final decision in relation to the redundancy after considering the Review Committee’s report. If the relevant Delegate determines that the staff member’s position is redundant the staff member will be notified and will have five working days to decide whether they wish to take voluntary redundancy or seek redeployment.

286

If the staff member elects to take voluntary redundancy, they will be paid in lieu of notice for the balance of the Notice Period and be entitled to severance payments under clause 289.

287

If the staff member elects to seek redeployment they will be able to consider redeployment opportunities during the balance of the Notice Period.

288

If a staff member who seeks redeployment is unable to be redeployed during the Notice Period or if a staff member makes no election, their employment will end on grounds of involuntary redundancy at the end of the Notice Period and they will receive severance payments under clause 289.

Severance payments and related conditions

289

Staff who are entitled to severance payments under clauses 273, 281, 282, 286 or 288 will receive the following amounts:

For Academic Staff, severance payments are as follows:

Age	Severance payment
45 years and over	22 weeks’ Salary, plus 3 weeks’ Salary per completed year of Continuous Service, subject to a maximum payment of 82 weeks’ Salary*
40 - 44 years	18 weeks’ Salary, plus 3 weeks’ Salary per completed year of Continuous Service, subject to a maximum payment of 82 weeks’ Salary*
Up to 39 years	16 weeks’ Salary, plus 3 weeks’ Salary per completed year of Continuous Service, subject to a maximum payment of 82 weeks’ Salary*

Note: The 82 week cap applies only to severance payments under this clause and does not include payments in lieu of notice (if any) under clause 268.

For General Staff, severance payments are as follows:

Completed years of Continuous Paid Service	If less than 45 years of age	If at least 45 years of age
Less than 2 years	4 weeks’ Salary	5 weeks’ Salary
2 years but less than 3 years	7 weeks’ Salary	8.75 weeks’ Salary
3 years but less than 4 years	10 weeks’ Salary	12.50 weeks’ Salary
4 years but less than 5 years	13 weeks’ Salary	16.25 weeks’ Salary
5 years but less than 6 years	15 weeks’ Salary	18.75 weeks’ Salary
6 years but less than 7 years	17 weeks’ Salary	21.25 weeks’ Salary
7 years but less than 8 years	19 weeks’ Salary	23.75 weeks’ Salary
8 years but less than 9 years	21 weeks’ Salary	26.25 weeks’ Salary
9 years but less than 10 years	23 weeks’ Salary	28.75 weeks’ Salary
10 years but less than 11 years	31.25 weeks’ Salary
11 years but less than 12 years	33.75 weeks’ Salary
12 years but less than 13 years	36.25 weeks’ Salary
13 years but less than 14 years	38.75 weeks’ Salary
14 years but less than 15 years	41.25 weeks’ Salary
15 years but less than 16 years	43.75 weeks’ Salary
16 years but less than 17 years	46.25 weeks’ Salary
17 years but less than 18 years	48.75 weeks’ Salary
18 years but less than 19 years	51.25 weeks’ Salary
19 years or more	52.18 weeks’ Salary

290

The following conditions apply to severance payments:

no severance payments will be made to a staff member who is offered suitable alternative employment, whether such offer is accepted or not;
years of continuous paid service includes both full-time and part-time service;
breaks in service of less than two months shall not be considered to be a break in Continuous Service; Subject to discretionary consideration, the University may agree to treat breaks in service of up to three months as not breaking Continuous Service;
periods of approved unpaid leave will not constitute breaks in service for the purposes of calculating severance payments, but except in the case of maternity leave and sick leave that has been supported by a medical certificate, such leave will not count as service for the calculation of severance payments;
a staff member who resigns during the Notice Period will not be entitled to any payment in lieu of the balance of the Notice Period or severance payments;
other than in exceptional circumstances approved by the University, a staff member who has taken voluntary redundancy or voluntary early retirement will not be engaged by the University in any capacity, either directly or indirectly (including as a consultant, a casual or sessional staff member, or a contractor or an employee of a contractor to the University) for a period of at least eighteen months from their last day of duty;
all property of the University, including intellectual property vested in the University, computer software and manuals, keys, equipment, credit cards, expense advances, plans and formulations must be returned to the University before any severance payments are made; and
for Academic staff only, casual service will count towards continuous paid service if it exceeds two consecutive semesters with a minimum of three hours per week of teaching.

The University of Sydney - Enterprise Agreement