The clauses listed here show the changes that UQ is proposing to the current Enterprise Agreement. These are provided without prejudice and remain subject to ongoing negotiations.

Organisational change and job security

45. Organisational change and job security

45.1 The University may assess that organisational change is required for reasons such as, but not limited to, the following:

(a) changes in the nature of the organisation of functions of a unit, or of significant work methods of the unit;

(b) financial exigency or budget constraints;

(c) changes in technology;

(d) work that has been traditionally carried out is no longer needed;

(e) variation to the discipline or program mix in an academic unit.

45.2 The provision of the greatest degree of job security for staff is important to the University in implementing organisational change and natural attrition is the preferred method of effecting change. It is agreed that:

(i) Casual employment is a supplement to, and not a substitute for, the creation of continuing and fixed-term positions.

(ii) Compulsory redundancy is a last resort and should be avoided if possible.

Consultation in relation to major organisational change

46. Consultation in relation to major organisational change

46.1 The management of major organisational change is enhanced by genuine consultation between the University, the Unions party to this Agreement and affected staff.

46.2 The provisions in this clause do not apply:

(a) In relation to the expiry of a fixed-term contract, including a Research Contingent Funded Contract, in accordance with its own terms.

(b) When the relevant senior manager assesses that three (3) or less positions are identified as excess to requirements, provided that:

(i) this does not result in an unreasonable workload for other staff in the work area; and

(ii) the staff member or members concerned agree to take a Voluntary Redundancy Package (VRP).

(c) Where staff members are transferred with their agreement to a position at the same classification with substantially the same duties within the University or in another University or Higher Education Institution.

46.3 Where the Proposed organisational change will not result in job loss consultation must occur with all staff, and if they so choose with their Representatives; and with the relevant Staff Consultative Committee. Consultation will include the provision of all relevant information including budgetary information.

46.4 Where the proposed organisational change will result in continuing positions being excess to requirements and redundancies, the following process will be followed prior to a final decision to proceed with the change:

(a) The relevant senior manager will circulate an Organisational Change Proposal (Proposal) to affected staff and the relevant Staff Consultative Committee.

(b) The Proposal will provide:

(i) the relevant information, including budgetary information (where relevant) to inform staff and their Representatives of the reason for the change as well as the purpose and substance of the change;

(ii) the timeframe for change;

(iii) information in relation to the implementation of the change; and

(iv) details of the impact on staff.

(c) The relevant senior manager (or nominee) will provide opportunities for staff to discuss and provide feedback in relation to the Proposal during the consultation period.

(d) The period of consultation will not normally exceed fifteen (15) working days from the release of the Proposal and may be less depending on the significance and/or complexity of the change proposed.

(e) The relevant Staff Consultative Committee will:

(i) Meet to consider the Proposal as soon as practicable but no later than ten (10) working days from the release of the Proposal; and

(ii) will conclude its deliberations as soon as practicable and no later than fifteen (15) working days from the release of the Proposal.

(f) The University will consider and respond to substantive feedback received during the consultation period. If feedback suggests alternative approaches to the proposed change and/or to implementation of the change which are reasonable and acceptable to the University, the University will issue a revised Proposal.

(g) Where revisions to the Proposal are substantive, the Proposal will be circulated to affected staff and to the relevant Staff Consultative Committee for consideration for five (5) working days. In all other circumstances, changes to the Proposal will not result in an extension to the consultation period.

(h) Implementation of any changes under this clause will occur as expeditiously as possible.

46.5 Implementation of the Proposal

(a) Where the implementation of the Proposal results in job loss a staff member who holds a continuing position which has been identified as surplus to requirements may elect, within ten (10) working days of written notification, to:

(i) Accept a Voluntary Redundancy Package (VRP) calculated in accordance with clause 46.7 or clause 46.8 and leave the University at the earliest opportunity (taking into account operational requirements); or

(ii) Seek redeployment in accordance with clause 46.6; or

(iii) Seek appointment on a part-time basis. The staff member will be advised within ten (10) working days of making the election, whether a part-time appointment can be accommodated having regard to the operational requirements of the unit.

(b) Where provided for in the Proposal, the University may offer staff in an affected area the opportunity to express interest in a VRP, in which case the University will decide within ten (10) working days which expressions of interest can be accepted, having regard to the operational requirements of the unit and will offer VRPs to the identified staff.

(c) A staff member who holds a position which has been identified as surplus to requirements and who does not apply for redeployment or part-time appointment will be paid a Non Voluntary Redundancy Package (NVRP) in accordance with clause 46.7 or 46.8 and will leave the University at the earliest opportunity.

46.6 Redeployment

(a) A staff member who holds a position which has been identified as surplus to requirements may elect to seek redeployment in accordance with the following provisions.

(b) The University will make reasonable attempts to find a suitable alternative position. The redeployment period will be for twenty-five (25) working days with consideration of the Christmas/New Year period where applicable.

(c) Redeployment will normally be to a position at the same classification level.

(d) The redeployee will not be required to compete against external or internal applicants in open competition but will be required to meet the requirements of the position including selection criteria or be capable of meeting them within a three (3) month period.

(e) The University will notify the staff member of possible redeployment opportunities. Alternatively the staff member may notify Human Resources of positions for which they wish to be considered.

(f) The provisions of clause 46.5 (ii) or this clause shall not apply in circumstances where it is clear that no viable opportunities are available or will become available in that time, given the person’s discipline and area of expertise. In these circumstances the staff member will be retrenched with immediate effect and paid the redundancy amounts specified in clause 46.7 and 46.8 plus an additional five (5) weeks salary.

(g) Subject to operational requirements, a staff member may request redeployment prior to the timelines set out in clause 46.4 at any stage of the process where it becomes apparent that the staff member’s position may become redundant. A request for redeployment under this clause will not be unreasonably refused.

(h) If a suitable alternative position is found, a trial period of three (3) months will be required. At the end of this period the relevant manager will review the trial with the staff member and recommend that the staff member be:

(i) Confirmed in the position; or

(ii) Retrenched and paid a NVRP.

(i) Staff members who are unable to be redeployed will be paid a NVRP calculated in accordance with clause 46.7 and 46.8 on termination of their services.

(j) If the staff member is redeployed to a position at a lower rate of pay than their former position, the staff member will remain on the higher salary for a period of three (3) months except in circumstances where a staff member is redeployed to a position two or more classification levels below the position that was disestablished, in which case the staff member will remain on the higher salary for a period of six (6) months. After this time pay will revert to the salary of the level of the lower position.

(h) Where redeployment to lower level position occurs the University will protect the member’s superannuation entitlements by continuing to pay the employer’s superannuation contribution at the member’s previous classification salary rate and will also pay the difference between the member’s former contribution at the old salary level and the member’s contribution at the new salary level (after accounting for employer contributions and tax) for a maximum period of three (3) years. This arrangement will only apply where superannuation fund rules allow.

46.7 Voluntary Redundancy Package (VRP) and Non-Voluntary Redundancy Package (NVRP) – Pay Calculation for Academic Staff

(a) This clause applies to continuing staff (full-time or part-time) and does not apply to staff appointed on a casual, research (contingent funded) or fixed-term basis.

(b) A staff member whose position is made redundant (through VRP or NVRP) will leave employment at the University at the earliest opportunity nominated by the University and will receive the following:

(i) notice in accordance with the staff member’s contract of employment or, at the date of termination, a payment in lieu of all or part of the notice period; plus

(ii) 26 weeks’ salary as a lump sum payment; plus

(iii) Two (2) weeks’ salary for each year of continuous service; plus

(iv) Pro rata long service leave entitlements for staff with five (5) years or more service.

(v) The total combined payment made under 46.7 (b) (ii) and 46.7 (iii) above will be capped at a maximum of 64 weeks’ salary.

(vi) For the purposes of calculating service, casual service will not be counted. Where there has been a combination of full-time and fractional service, payment will be made equivalent to the staff member’s average service fraction over their continuous employment history.

(c) Where a staff member is redeployed into a fixed-term position and the deployment ceases as a result of the non-renewal of a fixed-term contract by the University the staff member will remain entitled to:

(i) the full amount of the NVRP (calculated as above) for a period of up to three (3) months after the initial redeployment; or

(ii) a NVRP (calculated as above) less the number of weeks paid under the fixed-term contract/s after the three (3) month period, provided that long service leave shall be calculated as from the last date of actual employment with the University.

46.8 Voluntary Redundancy Package (VRP) and Non-Voluntary Redundancy Package (NVRP)– Pay Calculation for Professional and TESOL Language Teacher Staff

(a) This clause applies to continuing staff (full-time or part-time) and does not apply to staff appointed on a casual, research (contingent funded) or fixed-term basis.

(b) Staff who are made redundant (through VRP or NVRP) will receive:

(i) Two (2) weeks’ pay for each year of continuous service subject to a minimum 12 weeks’ payment, and a maximum of 64 weeks.

(ii) For the purposes of calculating service, casual service will not be counted. Where there has been a combination of full-time and part-time service payment will be made equivalent to the staff member’s average service fraction over their continuous employment history

(iii) Pro rata long service leave entitlements for staff with five (5) years or more continuous service.

(iv) Notice calculated as follows, or pay in lieu of notice:

Staff member’s Period of Continuous Service with the Employer Period of Notice Over 45 years of with 2 years or more Continuous Service
Not more than 1 year 1 week  
More than 1 year but less than 3 years

 

2 weeks 3 weeks
More than 3 years but less than 5 years 3 weeks 4 weeks
More than 5 years 4 weeks 5 weeks

(c) Staff who accept a VRP will receive an additional five weeks’ pay.

(d) Where a staff member is redeployed into a fixed-term position and the redeployment ceases as a result of the non-renewal of a fixed-term contract by the University the staff member will remain entitled to:

(i) the full amount of the NVRP (calculated as above) for a period of up to 3 months after the initial redeployment; or

(ii) a NVRP (calculated as above) less the number of weeks paid under the fixed-term contract/s after the 3 month period, provided that long service leave shall be calculated as from the last date of actual employment with the University.

46.9 Post Implementation Review

The relevant staff consultative committee will undertake a review of the success of the restructuring at a suitable time after the restructuring has been put in place, generally between six (6) and nine (9) months. The outcome of the review will be referred to the Relevant Senior Executive.

Consultation in relation to major organisational change flow chart (PDF, 137KB).

Outsourcing

47. Outsourcing

47.1 This clause does not apply to arrangements relating to academic staff.

Where a relevant senior manager decides that there is a possible need for outsourcing on an ongoing basis, work that is currently being performed by University staff, and where a decision to outsource work may result in job loss, the University will consult with affected staff and their Representatives in accordance with clause 46.

47.2 As part of the consultation process, the University will use its best endeavours to negotiate employment arrangements with:

(a) The affected staff and their Representatives; and

(b) The outsourcing provider with a view to assisting affected staff to move to, or have the option of employment with, the outsourcing provider. Nothing herein however prejudices the outsourcing provider's rights to determine conditions of employment.

47.3 Nothing in this clause limits the right of the University to hold discussions with potential providers of outsourcing services or arrangements.

Use of contractors

48. Use of contractors

48.1 This clause does not apply to contracting arrangements in relation to academic staff.

The University may engage contractors (as distinct from contracts for supply and installation) where:

(a) specific expertise is required; and

(b) that expertise is not available within the University or not available to allow completion of the work within the required timeline; or the nature of the work is considered to be outside the normal work expected of staff; or

(c) In the case of an emergency or unforeseen exigency

48.2 Consultation will take place between the University, affected staff and their Representatives should the University wish to employ contractors to perform ongoing work that is currently being undertaken by staff. Except in the case of an emergency, such consultation will take place prior to the decision to contract out services.