DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—plain language re-drafting—standard clauses
(AM2016/15)

HIGHER EDUCATION INDUSTRY—ACADEMIC STAFF—AWARD 2010
[MA000006]

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 [[2019] 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:

16. Redundancy

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

Deakin University

Edith Cowan University

Flinders University of South Australia

Griffith University

Hawthorn Institute of Education Ltd

James Cook University

La Trobe University

Macquarie University

Monash 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.

PRESIDENT

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