AP801516 - Universities and Post Compulsory Academic Conditions Award 1999
11.1 Where an institution has decided to terminate the employment of one or more academic employees for reasons of an economic, technological, structural or similar nature, including:
11.1.1 a decrease in student demand or enrolments in any academic course or subject or combination or mix of courses or subjects conducted on one or more campuses;
11.1.2 a decision to cease offering or to vary the academic context of any course or subject or combination or mix of courses or subjects conducted on one or more campuses;
11.1.3 financial exigency within an organisational unit or cost centre; or
11.1.4 changes in technology or work methods.
The following provisions will apply.
11.2 Where an employee volunteers to accept termination of employment by reason of redundancy and the employee’s employment is terminated by the employer accordingly, the following benefits will apply;
11.2.1 The employee will be notified of the date on which their employment will terminate, which date will be no less than six months from the date of notification.
11.2.1(a) However, the employer may pay to the employee an amount equal to six months pay in lieu of the period of notice.
11.2.1(b) During the period of notice of termination the employee may request and the employer may agree that the balance of the period be waived, in which case the employee is entitled to payment for the balance of the period or four weeks pay, whichever is the lesser.
11.2.2 The employee shall be paid a redundancy payment of:
11.2.2(a) a sum calculated at the rate of two weeks’ salary per completed year of service with the institution, to a maximum entitlement of 52 weeks’ salary;
11.2.2(b) payment on a pro rata basis for long service leave calculated on completed years of service;
11.2.3 all payments under this subclause shall be calculated on the employee’s salary at the date of cessation of employment; and
11.2.4 the benefits in this subclause are in lieu of any other notice period, access to a scheme of redeployment or other redundancy benefit.
[11.2.5 inserted by R9059 from 04Aug99]
11.2.5 The benefits of this subclause do not constitute a severance payment or retrenchment benefit payment for the purposes of subclause 4.1.3 of the Higher Education Contract of Employment Award 1998.
11.3 Where an employee is not a volunteer for redundancy as provided for by clause 11.2 above and the employer terminates the employment of an employee for reason of redundancy the following benefits will apply:
11.3.1 the greater of the period of notice prescribed by section 170CM of the Workplace Relations Act 1996 or the contract of employment of the employee plus
11.3.2 if the employee is over 45 years of age twelve months notice of termination
11.3.3 if the employee is over 40 years of age but under 45 years, notice according to the following scale;
Age |
Notice |
40 |
7 months notice |
41 |
8 months notice |
42 |
9 months notice |
43 |
10 months notice |
44 |
11 months notice |
11.3.4 if the employee is less than 40 years of age, 6 months notice.
[11.3.5 varied by R9059; substituted by PR970356 ppc 23Mar06]
11.3.5 On retrenchment, an employee shall, in addition, receive the amount of severance pay set out in Schedule III to this Award in respect of a continuous period of service.
[11.3.6 inserted by R9059 from 04Aug99]
11.3.6 If an employee is ill during the period of notice and provides the employer with a medical certificate to this effect, stating the period of illness, the notice prescribed by this clause will be extended for that period. However, the extension will be limited to the extent of an employees accumulated sick leave entitlement and will be available in accordance with the terms otherwise applicable to the utilisation of sick leave.
11.4 Use of sick leave
[11.4 deleted by R9059 from 04Aug99]
11.5 Expenses Allowances
[11.5.1 varied by R9059 from 04Aug99]
11.5.1 An academic employee who is terminated for reasons of redundancy shall be entitled to reasonable leave as determined by the Authorised Officer with full pay to attend necessary employment interviews. Where expenses to attend such interviews are not met by the prospective employer the employee shall be entitled to reasonable travel and other incidental expenses incurred in attending such interviews as determined by the Authorised Officer.
11.5.2 If an employee is redeployed to a permanent position elsewhere in the institution (ie. involving a geographic relocation) as an agreed measure to mitigate the effects of his/her position being surplus to requirements and, as a consequence, is not reasonably practicable for the employee to remain in his or her existing residence, the employee shall be entitled to all reasonable expenses associated with moving household to a new locality on the basis set out in schedule II of this award.
11.5.3 Any reasonable costs and charges as determined by the Authorised Officer associated with a programme of retraining as an agreed measure to mitigate the effects of his/her position being surplus shall be reimbursed to the employee.
[11.5.4 varied by R9059 from 04Aug99]
11.5.4 Where, as an agreed measure to mitigate the effects of a employee’s position being surplus to requirements, the employee is redeployed to a lower level position, placed on a programme of retraining or otherwise maintains an employment relationship with the institution but in circumstances which would provide a reduced income, normal salary shall be maintained during the arrangement for the period described in subclause 11.3.2, 11.3.3 and 11.3.4; however, where the employment is ultimately terminated, the periods described in this subclause and subclause 11.3.2, 11.3.3 and 11.3.4 are not cumulative.
