10.2 Surplus staffing provisions

10.2.1 The following provisions shall not apply to any fixed term employee (see clause 2.3.3). The provision in relation to staff affected by a merger of two or more schools are set out under clause 10.3 and any provisions in clause 10.2 will only apply where they are specifically provided for in clause 10.3.

10.2.2 A surplus staffing situation may arise when the work undertaken by the employee 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:

  1. the reorganisation or review of work;
  2. a change in plant (or like cause) relevant to the individual employee’s employment; or
  3. change of status or closure of the school, or the sale or transfer of all or part of the school.

10.2.3 The employer shall, at least one month prior to issuing notice of termination, advise any affected employee(s) of the possibility of a surplus staffing situation within an occupational category in the school.

10.2.4 The period of notice is to allow time for discussion between the employer and the employee(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.

10.2.5 If the required number of positions cannot be achieved through attrition (refer clause 10.2.4) and a surplus staffing situation still exists, all available positions in the occupational category will be internally advertised and appointments made from existing employees in that category. Where there is only one position in the identified occupational category in which the surplus exists identification of the position shall be automatic.

10.2.6 Employees who are not appointed or who are identified as surplus in terms of clause 10.2.5 above shall be given a minimum of one month’s written notice of termination of employment provided as for in clause 9.1. Except in exceptional circumstances (e.g. long-term sick leave), or as agreed with the employee, this notice shall be given at such a time as to ensure it covers a period of a full month during which the employee is paid and at work.

10.2.7 During the notice of termination period both the employer and the employee shall make reasonable efforts to locate alternative employment for the employee. The employer will provide reasonable paid time to attend interviews, where prior approval will not be unreasonably withheld.

10.2.8 In the event that a reasonable offer of employment in the education or state service is made the employer’s responsibilities under these provisions shall be fulfilled.

10.2.9 For the purposes of clause 10.2.8 a reasonable offer of employment shall constitute an offer of employment that:

  1. is in the same location or within reasonable commuting distance;
  2. has comparable duties and responsibilities; and
  3. has terms and conditions that are no less favourable
  4. providing the employment being offered is available to be taken up by the employee prior to or at the conclusion of the notice of termination period.

10.2.10 If the offer of employment referred to in clause 10.2.9 is not a reasonable offer by reason only that it is not available to be taken up by the employee 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 employee; and under these circumstances the offer shall be deemed to be reasonable.The employer must first ensure that in granting such extended notice that this complies with any funding arrangement applying to the school.

10.2.11 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. Where this is an offer of employment to a lower graded position or a position at a lower hourly / salary rate than that previously held, the employee shall be entitled to an equalisation allowance calculated in accordance with clause 10.3.10(f). Where this is an offer of employment to a position with reduced hours to that previously held, the employee shall be entitled to a partial redundancy payment calculated in accordance with clause 10.3.10(g). Where the employee accepts such an offer the employer of the closing school’s responsibilities under clause 10.2.12 below shall be fulfilled. Where the employee does not accept such an offer the provisions of clause 10.2.12 shall apply.

10.2.12 Except as provided under clause 10.2.11 above, where a reasonable offer of employment is not made before the expiry of the notice of termination period the employee will be entitled to redundancy pay calculated as follows:

  1. 6 weeks’ pay for the first year of service and two weeks’ pay for every subsequent year or part thereof to a maximum of 30 weeks’ pay in total.
    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.
    2. An employee with less than one year’s service shall receive a pro-rata payment.
    3. For the purposes of the redundancy calculation the definition of service is the same as that for continuous service defined in clauses 6.2.1 to 6.2.4 above provided that no period of service that ended with the employee receiving a redundancy or severance payment shall be counted as service.
  2. All holiday pay and wages owing.

10.2.13 A work reference or record of service shall be provided on the employee’s request.

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