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Monash University Enterprise Agreement (Trades and Services Staff – Building and Metal Trades Staff) 2009 Part 2 – Conditions Of Employment Section 2 – University and Staff Members’ Duties, Employment Relationship and Related Arrangements 20. Redeployment & Redundancy20.1 Where it appears to the Divisional Director of Human Resources or nominee that a Trades and Services Staff member has become, or is likely to become excess to requirements due to changed circumstances, including changes in work methods, re-organisation, financial exigency, introduction of new technology, the Divisional Director or nominee shall notify the Trades and Services Staff member, or where the affected Trades and Services Staff member chooses a Representative, and the JCC (where more than one staff member is affected) at the earliest practicable time and provide the Trades and Services Staff member or, where the staff member chooses, their Representative, with an opportunity to respond and make recommendations to avoid the redundancy and/or mitigate the effects of the redundancy. Where Suitable Alternative Employment exists, the Trades and Services Staff member shall be offered redeployment to this position in which case this clause (subject to application of clauses 20.5 to 20.7 by the University) no longer applies. 20.2 Where a Trades and Services Staff member is advised that they are excess to requirements, during the first four weeks following that advice, the Trades and Services Staff member may seek redeployment in accordance with the process for redeployment in existing University policy or elect to take a Voluntary Early Separation. A Trades and Services Staff member who elects to take Voluntary Early Separation shall be entitled to:
20.3 A staff member who has not accepted an offer of a voluntary separation package under clause 20.2 above and who has not been successfully redeployed to Suitable Alternative Employment will be given four (4) weeks notice of termination or pay in lieu, or pay in lieu of the unexpired part of the notice period as the case may be. In the case of a Trades and Services Staff member aged 45 years or more, the notice period will be five (5) weeks. 20.4 During the notice period, the staff member will be entitled to reasonable time off without loss of pay to attend job interviews, subject to provision by the Trades and Services Staff member of documentary evidence of the interview and prior arrangement with the relevant supervisor. A statutory declaration shall be sufficient for this purpose. 20.5 Upon termination of employment on the grounds of redundancy, the staff member shall, subject to clauses 20.6 to 20.9, receive a severance payment in accordance with the formula below:
All payments payable to the Trades and Services Staff member in accordance with this clause shall be based on the ordinary rate of pay for the staff member concerned. 20.6 The sum payable to a Trades and Services Staff member pursuant to this clause shall not exceed the amount that would have been payable by way of fortnightly pay had the Trades and Services Staff member continued in employment to the expiry date of a fixed term contract. "Fortnightly pay" means the ordinary rate of pay for the Trades and Services Staff member concerned each fortnight. 20.7 In the event that the University is able to obtain Suitable Alternative Employment for the Trades and Services staff member, the University shall not be liable to provide the notice and severance payments which would otherwise apply. In the event that the Trades and Services Staff member rejects an offer of Suitable Alternative Employment, the Vice-Chancellor may terminate the staff member by giving notice of termination as specified in section 117 of the Fair Work Act 2009. Such notice will apply in lieu of any remaining notice to which the staff member may have otherwise been entitled, including any redundancy benefits due to the staff member. 20.8 This clause shall not apply to casual and/or probationary staff members. 20.9 A Trades and Services Staff member whose employment is terminated in accordance with this clause may terminate their employment during the notice period and shall be entitled to the same payments under this clause had he/she remained with the University until the expiry of such notice, provided that in such circumstances the Trades and Services Staff member will not be entitled to payment in lieu of notice. |