8.4 Restructuring and Surplus Staffing Provisions

The parties recognise the serious consequences that the loss of permanent employment can have on employees and propose to minimise this as far as possible by using the provisions of this agreement to keep as many employees as possible in suitable employment. 

8.4.1 Prior to the formal commencement of any review which may affect PSA members in a School, the School will advise the PSA of the review and will provide the PSA with the opportunity to be involved in the review.  The aim of this process is to explore all options before any final decisions are made by the School. 

8.4.2 When, as a result of the review, the School requires a reduction in the number of employees, or employees can no longer be employed in their current position, the process for managing the change(s) follows: 

8.4.3 In consultation with the PSA and affected members, reconfirmation may be offered, subject to the following criteria: 

    1. the new job description is the same, or very nearly the same as the employee's current job description;
    2. the salary for the new position is the same;
    3. the new position has terms and conditions of employment, including career prospects, which are no less favourable;
    4. the new position is in the same location, or within reasonable commuting distance. 

Where the above criteria are met and there is only one clear candidate for reconfirmation, that employee is to be reconfirmed.  Where there is more than one clear candidate, the School will consult with the PSA to reach agreement regarding options for filling the available positions. 

Where there are employees who meet the criteria for reconfirmation, those employees shall not have access to other options in this section (except for leave without pay) until all positions available for reconfirmation are filled. 

8.4.4 Following reconfirmation, the School may, in consultation with the PSA and individual employees, offer reassignment to employees who have not been reconfirmed.  Reassignment means placement in a position similar to that previously occupied, which the employee is prepared to accept.  Where a reassignment is to a job with a lower salary, the employee's salary can be preserved by paying a lump sum based on the loss of basic salary over the next two years. 

8.4.5 Any affected staff who have not been reconfirmed or reassigned into a position will be declared surplus.  The School will advise the PSA of the names of surplus employees and the date by which the surplus needs to be discharged. 

The School will consult with the PSA and individual employees to see if options other than severance are appropriate; these might include leave without pay, retraining or redeployment elsewhere in the state sector.

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