AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
11. REDUNDANCY PAY AND NOTICE OF TERMINATION
11.1 Application: These provisions do not apply to:
11.2 Excess employees: An employee is excess if:
11.2.1 The employee is included in a group of employees, which group comprises a greater number of employees than is necessary for the efficient and economical working of CSIRO;
11.2.2 The services of the employee cannot be effectively used because of technological or other changes in the work methods of CSIRO or changes in the nature, extent or organisation of the functions of CSIRO; or
11.2.3 The duties usually performed by the employee are to be performed in a different locality and the employee is not willing to perform duties at that locality.
11.3 Lump sum payment: An employee who is retrenched shall receive a lump sum benefit of 2 weeks salary for each completed year of continuous service plus a pro rata payment for completed months of continuous service since the last completed year of continuous service, provided that:
11.3.1 there is a minimum payment of four weeks salary and a maximum payment of 48 weeks salary; and
11.3.2 the sum payable to an employee under this sub-clause shall not exceed the sum of salary that would be payable were the employee to continue in his or her employment until the maximum retiring age applicable to the class of employees to which he/she belongs.
11.4 Service for redundancy pay purposes: For the purpose of calculating an entitlement in accordance with 11.3, “service” means:
11.4.1 service in CSIRO;
11.4.2 Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;
11.4.3 service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes;
11.4.4 service with the Australian Defence Forces;
11.4.5 service in another organisation where:
11.4.5(a) an employee was transferred from that organisation with a transfer of function; or
11.4.5(b) an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the CSIRO and such service is recognised for long service leave purposes.
11.4.6 Service not to count as service for redundancy pay purposes: Any period of service which ceased in any of the following ways will not count as service for redundancy pay purposes:
11.4.7 Earlier periods of service: For earlier periods of service to count there must be no breaks between the periods except where:
11.4.7(a) the break in service is less than one month and occurs where an offer of employment with CSIRO was made and accepted by the employee before ceasing employment with the preceding employer; or
11.4.7(b) the earlier period of service was with CSIRO and ceased because the employee was deemed by CSIRO to have resigned on marriage.
11.4.8 Absences during a period of service: Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes.
11.5 Rate of payment - redundancy pay: For the purpose of calculating any payment under 11.3, salary shall include:
11.5.1 Enhanced Responsibility Allowance (ERA) where an employee has received payment for a continuous period of at least 12 months immediately preceding the date on which formal notice of redundancy is given;
11.5.2 Shift penalty payments where an employee has, during 50 per cent or more of pay periods in the 12 months immediately preceding the date on which formal notice of redundancy is given, been paid a penalty for shift work. ‘Weeks salary’ shall include the weekly average amount of shift penalty received during the previous 12 month period;
11.5.3 Other allowances in the nature of salary at the discretion of CSIRO.
11.6 Period of notice – termination: An excess employee shall receive 4 weeks notice of termination, except in the case of an employee over 45 years of age with at least 5 years continuous service for whom the period of notice will be 5 weeks. Where CSIRO directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. The employee will be paid at the ordinary rate in lieu of notice for the unexpired portion of the notice period.
11.6.1 Time off and expenses during notice period: An employee will be entitled to reasonable leave with full pay to attend necessary employment interviews, from the date the period of notice commences. Where expenses to attend interviews are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.
11.7 Lower classification: Where, in order to avert a redundancy, an employee is redeployed to a position the duties of which are appropriate to a classification which is lower than the employee’s classification, the employee will be given the same period of notice prior to redeployment as the employee would have been entitled to receive under 11.6, less any period of notice already served.
11.8 Provision of alternative employment: A party to this award may, in respect of a particular redundancy case or group of cases, make application to the AIRC to vary the obligations imposed by any part or parts of this award if CSIRO finds alternative employment external to CSIRO for the employee(s) concerned.
