AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999
11.1 An employer may terminate the employment of an employee for reasons of an economic, technological structural or similar nature including:
11.1.1 changes in work methods or introduction of new technology
11.1.2 financial exigency
11.1.3 changes in the position such that the incumbent is not competent to perform the altered duties
11.1.4 relocation (where the employee reasonably refuses to accept relocation)
11.2 Where an employee is terminated for reasons of redundancy, as referred to in 11.1 above, the employee shall be given 8 weeks notice of such termination during which time the employer must:
11.2.1 examine and implement options for retraining;
11.2.2 advise the employee of all vacant positions;
11.2.3 consider sympathetically any proposals by the employee for extended leave without pay for study purposes to obtain qualifications to undertake a position for which the Committee has a regular demand;
11.2.4 make one reasonable offer of internal redeployment to a suitable vacant position unless such a position does not exist.
11.3 Where an employee accepts an offer of redeployment to a position of lower grading he or she is entitled to salary maintenance for as long as he/she remains in that position.
11.4 An employee who declines a reasonable offer of redeployment may be directed to fill a suitable vacant position for which he/she is qualified.
11.5 Notice of termination
11.5.1 Where a Committee gives formal notice to an employee that his/her employment will terminate due to redundancy, the employee must be given 4 weeks formal notice of termination. The period of notice is increased to 5 weeks if the employee is over 45 years old and has completed at least two years continuous service with the employer.
11.5.2 By mutual agreement an employee may take 4 weeks pay in lieu of formal notice.
11.5.3 An employee who has received notification of redundancy must be granted reasonable leave with full pay for the purpose of seeking other employment.
11.6 Where an employee is required to relocate his/her household as a result of redeployment he/she is entitled to an allowance for all reasonable expenses associated with the relocation.
11.7 Severance payments
11.7.1 In the event of termination resulting from a position being declared redundant, the employee is entitled to two weeks pay for each year of service, pro-rata to the completed month, up to a maximum of 10 weeks.
11.7.2 In addition to benefits under clause 11.7.1 an employee is entitled to all benefits which an employee would normally have received on the termination of his/her employment.
11.8 Incapacity to pay
An employer in a particular redundancy case may make application to the Australian Industrial Relations Commission to have the severance payments in.11.7.1 varied on the basis of the employer's incapacity to pay.
11.9 Exclusions
The provisions of clause 11 do not apply to casual employees, employees with less than one year's continuous service or to fixed-term employees.
