[Attention is drawn to Part 6A (Subpart 1) and Schedule A of the Employment Relations Act 2000 (external link) which provides certain rights to employees bound by this Agreement in a restructuring situation. Clause 6.9 needs to be read in the context of Part 6A of the Employment Relations Act 2000.]
6.9.1 The following provisions including Appendix B shall not apply to any fixed term employee. The provisions in relation to staff affected by a school reorganisation process are set out under Appendix B and any of this Agreement. The provisions in relation to staff affected by any other surplus staffing situation are set out in clauses 6.9.2 to 6.9.11 of this Agreement.
6.9.2 A surplus staffing situation may arise when the work undertaken by the worker ceases to exist. This may be the result of the restructuring of the whole or any part of the employer's operations because of, for example:
- the reorganisation or review of work;
- a change in plant (or like cause) relevant to the individual worker’s employment;
- change of status or closure of the school; or
- contracting out of the worker’s work.
6.9.3 The employer shall, at least six weeks prior to issuing notice of termination, advise any affected worker(s), and the union where any affected worker(s) are members of the Union, of the possibility of a surplus staffing situation.
6.9.4 The period of notice is to allow time for discussion between the employer and the worker(s) of the reasons for the possible surplus staffing situation and to determine whether this surplus can be absorbed by attrition. The employer shall consider whether or not it is able to offer an alternative position within the school with terms and conditions that are no less favourable, which may also entail on the job retraining.
6.9.5 If the required number of positions cannot be achieved through attrition (refer 6.9.4 above) and a surplus staffing situation still exists any worker(s) who is identified as surplus shall be given a minimum of one month's written notice of termination of employment.
6.9.6 During the notice of termination period both the employer and the worker shall make reasonable efforts to locate alternative employment for the worker. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld.
6.9.7 In the event that a reasonable offer of employment is made the employer's responsibilities under these provisions shall be fulfilled. A reasonable offer of employment shall constitute an offer of employment that:
- is in the same location or in a state or integrated school within reasonable commuting distance providing that school is the employer; and
- has comparable duties and responsibilities; and
- has terms and conditions that are no less favourable
providing the employment being offered is available to be taken up by the worker prior to or at the conclusion of the notice of termination period.
6.9.8 If the offer of employment referred to in subclause 6.9.7 is not a reasonable offer by reason only that it is not available to be taken up by the worker before or at the conclusion of the notice period, the employer may extend the notice period until such time as the position is available to be taken up by the worker; and under these circumstances the offer shall be deemed to be reasonable.
6.9.9 In the event of a school closure, the employee may be made an offer of employment prior to the disestablishment of the position at another state or integrated school. This offer may be to a lower graded position to that previously held (as described under Appendix B 8.6) or to a position with reduced hours (as described under Appendix B 8.7) and may incorporate either the equalisation allowance or the partial redundancy provision as provided for in Appendix B. Where the employee accepts such an offer the employer of the closing school's responsibilities under 6.9.10 below shall be fulfilled. Where the employee does not accept such an offer, the provisions of 6.9.10 shall apply.
6.9.10 Except as provided in 6.9.9 above, where a reasonable offer of employment is not made before the expiry of the notice of termination period the worker will be entitled to redundancy pay calculated as follows:
- Six weeks pay for the first year of service and two weeks pay for each subsequent year or part thereof to a maximum of 30 weeks in total.
Note 1: This is calculated on current gross weekly earnings as at the last day of service or on average gross weekly earnings over the previous 12 months service whichever is the greater.
Note 2: For the purposes of the redundancy calculation the definition of service is the same as that defined in subclauses 1.7.1 to 1.7.8 provided that no period of service that ended with the worker receiving a redundancy or severance payment shall be counted as service.
Note 3: A worker with less than one year’s service shall receive a pro-rata payment.
- All holiday pay and wages owing.
6.9.11 A work reference or record of service shall be provided on the worker's request.
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