|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—plain language re-drafting—standard clauses
HIGHER EDUCATION INDUSTRY—ACADEMIC STAFF—AWARD 2010
JUSTICE ROSS, PRESIDENT
MELBOURNE, 18 APRIL 2019
4 yearly review of modern awards—plain language re-drafting—standard clauses—Higher Education Industry—Academic Staff—Award 2010.
A. Further to the Full Bench decision [ FWCFB 2548], issued by the Fair Work Commission on 16 April 2019, the above award is varied as follows:
1. By deleting clause 16 and inserting the following:
Note: Redundancy pay is provided for in the NES. See ss.119–123 of the Act.
16.1 Transfer to lower paid duties on redundancy
(a) Clause 16.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under s.117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in paragraph (c).
(c) If the employer acts as mentioned in paragraph (b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
16.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by s.117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 16 or under ss.119–123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
16.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by s.117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of paragraph (b).
(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clauses 15.2 and 15.3.
2. By deleting clause 17.1(a) and inserting the following:
(a) was bound by the Universities and Post Compulsory Academic Conditions Award 1999 [AP801516] at 12 September 2008 as listed in Schedule E—List of Institutions Bound by AP801516; and
3. By inserting Schedule E as follows:
SCHEDULE E—List of Institutions Bound by AP801516
AP801516 – Universities and Post Compulsory Academic Conditions Award 1999
Australian Higher Education Industrial Association
Australian Catholic University
Australian Maritime College
Australian National University
Central Queensland University
Charles Sturt University
Curtin University of Technology
Edith Cowan University
Flinders University of South Australia
Hawthorn Institute of Education Ltd
James Cook University
La Trobe University
Northern Territory University
Queensland University of Technology
Royal Melbourne Institute of Technology
Southern Cross University
Swinburne University of Technology
University of Adelaide
University of Ballarat
University of Canberra
University of Melbourne
University of New England
University of Newcastle
University of Queensland
University of South Australia
University of Southern Queensland
University of Sydney
University of Tasmania
University of Technology, Sydney
University of Western Australia
University of Western Sydney
University of Wollongong
Victorian College of the Arts
Victoria University of Technology
4. By updating the table of contents and cross-references accordingly.
B. This determination comes into operation from 3 May 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 3 May 2019.
Printed by authority of the Commonwealth Government Printer