Redundancy/Redeployment Clause Samples

Redundancy/Redeployment. This clause does not apply to a casual employee. Redundancy occurs where a position or role is no longer required by the employer or the employee’s role is substantially altered due to restructuring by the employer. CatholicCare Canberra & Goulburn shall consult with staff as set out in clause 16- Consultation The employer may offer a redundant employee an alternate role. Provided the role offered to the employee provides an equivalent remuneration to the redundant role and the employee has sufficient skills to perform the role then, subject to an application to the Fair Work Commission pursuant to section 120 of the Fair Work Act there is no obligation to provide redundancy payment. If as a result of a position becoming redundant an employee's contract is terminated, then the employee will be entitled to the standard period of notice plus redundancy pay. Redundancy pay is calculated on an employee's period of continuous service: Less than 1 year Nil 1 year and less than 2 years 4 weeks’ pay 2 years and less than 3 years 6 weeks’ pay 3 years and less than 4 years 7 weeks’ pay 4 years and less than 5 years 8 weeks’ pay 5 years and less than 6 years 10 weeks’ pay 6 years and less than 7 years 11 weeks’ pay 7 years and less than 8 years 13 weeks’ pay 8 years and less than 9 years 14 weeks’ pay 9 years and less than 10 years 16 weeks’ pay 10 years and over 20 weeks’ pay During the notice period, an employee whose position is made redundant may take up to eight (8) paid work hours each week of notice at a mutually convenient time, (which need not be consecutive), to seek other employment. Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

Redundancy/Redeployment. Circumstances may arise where it is necessary for Fertility Associates to reduce the number of employees or change the manner in which we operate. A redundancy situation occurs when a position becomes surplus to the needs of Fertility Associates. A redundancy situation may arise if Fertility Associates decides to close, sell, transfer, merge, contract out/outsource, restructure or amalgamate all or any of its clinics and/or to reorganise or restructure any of its services or positions of employment. In the event that an employee’s employment is terminated for redundancy, they will be entitled to four weeks’ notice of redundancy (or payment in lieu) and redundancy compensation will be payable in accordance with the following formula: (i) three weeks’ salary for the first year of continuous service or part thereof; and (ii) one week's salary for each subsequent full year of continuous service to a maximum of five years’ service. For the purposes of this clause, redundancy compensation will be paid at the rate of the employees average weekly earnings calculated over the last twelve months before they were notified of redundancy of their position. The employee will not be entitled to any form of notice of redundancy or other compensation in the following circumstances: (iii) Where their position is made redundant, and they have been offered an alternative position within the Fertility Associates Group where the terms and conditions of employment are overall generally no less favourable than your existing terms and conditions. (iv) In the event of the sale, transfer, merger, amalgamation, contracting out/outsourcing or reconstruction of all or part of Fertility Associate business such that their employment is terminated and they are offered employment with the purchaser or any other party to the sale, merger, transfer, amalgamation, contracting out/outsourcing or reconstruction on terms and conditions which are generally no less favourable than their existing terms and conditions.

Redundancy/Redeployment. The provisions of this clause will not apply to casual, fixed term and continuing (contingent funded) employees. Contiguous prior casual, fixed term or continuing (contingent funded) service does not count as service for calculating redundancy pay and notice entitlements. 48.1 Employees have the right to be represented by a nominated representative throughout all stages of the process. 48.2 Initial consultation with affected employees and unions will occur in accordance with the Change Management clause in this Agreement. 48.3 In accordance with the Job Security clause, measures to mitigate potential staff redundancies may include: 48.4 A position may be considered surplus to requirements for genuine operational reasons of an economic, technological, structural or similar nature, including, but not limited to:

Redundancy/Redeployment. 25.1 This clause applies to employees in continuing positions. Termination for reason of redundancy may only occur in accordance with this clause.

Redundancy/Redeployment. 40.1 When a position is declared to be redundant the Employer will make efforts to offer redeployment opportunities to affected staff to other vacant positions. 40.2 Redeployment opportunities at the same classification level will be sought for affected staff provided that the staff member has the skills and ability to perform the duties of the position. 40.3 If there are no redeployment opportunities at the same classification level then other positions at a lower classification will be offered to the staff member/s. Such an offer will be made to staff that have the necessary skills to meet the requirements of the position. In this instance, ordinary salary will be maintained at the substantive rate of pay for a period of 12 months. 40.4 Staff members may be redeployed to a position where he/she may not possess all the necessary skills but may fulfill the requirements of the position with further training. Such training will be provided and all costs met by the Employer. 40.5 An employee who is made redundant arising from economic reasons, or merger, takeover or reconstruction, or technology shall receive, in addition to all other payments due to that employee:- (a) Four (4) weeks notice or four (4) weeks pay in lieu of notice for an employee under the age of forty five years (45), or five (5) weeks notice or five (5) weeks pay in lieu of notice for an employee over the age of 45 years; and (b) severance payment on the basis of four (4) weeks pay for each completed year of service for an employee under the age of forty five (45) years, with a maximum of thirty (30) weeks severance pay, or five (5) weeks pay for each completed year of service over the age of forty five (45) year, with a maximum of thirty (30) weeks severance pay. (c) Severance payment and payment in lieu of notice will be calculated on the ordinary salary rate. 40.6 Provision for appropriate outplacement services will be made available upon termination due to a redundancy. 40.7 The redundancy provisions as set out in Clauses 35.1 to 35.6 will not apply to employees for whom the employer obtains acceptable alternative employment in the event of a transmission of the whole or part of the business of the employer to a new entity where: (a) ‘transmission’ includes but is not limited to transfer, conveyance, assignment or succession whether by agreement or by operation of law; and (b) ‘business’ includes but is not limited to trade, process, business, occupation or services" 40.8 Time off for j...

Redundancy/Redeployment