CONSULTATION AND REDUNDANCY 1 Application

(f) An Employee who resides in accommodation provided by the School, whether on the School grounds or elsewhere, shall have 4 weeks from the date on which notice was given to vacate the premises.

13.2 Forfeiture

If an Employee fails to give notice in accordance with clause 13.1 or fails to work out the notice period, the Employer will have the right to withhold monies due, including any annual leave or long service leave payments, with the maximum amount equal to the ordinary rate of pay for the notice not worked and any outstanding balance becomes a debt due.

13.3 Statement of Service

On the termination of employment the School shall, at the request of the Employee, give to such Employee a statement signed by the School stating the period of employment, the Employee's classification, and when the employment terminated.

14. CONSULTATION AND REDUNDANCY 14.1 Application

This Clause 14, Consultation and Redundancy, shall apply in respect of full-time and part-time Employees employed in the classifications specified by the Agreement.

(a) The provisions of clause 14.4 to 14.14 of this clause 14 shall only apply to the school if it employs 15 or more employees, not limited to employees covered by this agreement, immediately prior to the termination of employment of the Employees.

(b) The provisions of clauses 14.4 to 14.14 of this clause 14, shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual Employees, apprentices or Employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

14.2 School’s Duty to Notify and Discuss

(a) Where the School has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on the Employees, the school shall notify its decision to the Employees who may be affected by the proposed changes, and the union to which they belong.

(b) ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the schools workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs.

14.3 Discussion with Employees and their Representatives

(a) The school shall discuss with the Employees affected by the introduction of such changes, and the union to which they belong, the introduction of the changes, the likely effect on the Employees, and the measures taken to avert or mitigate the adverse effects of such changes, as soon as is practicable after the school has made the decision outlined in clause 14.2 (a).

(b) The Employees may appoint a representative for the procedures outlined in this Clause 14.3. If an Employee appoints, (or Employees appoint) a representative for the purposes of consultation and the Employee (or Employees) advise the school of the identity of the representative, the school must recognise that representative. Where an Employee is a member of a union, the union will be that Employee’s representative unless the Employee appoints another person or revokes the union’s status as their representative.

(c) For the purposes of those discussions the school shall provide, in writing, to the Employees concerned all relevant information about the proposed changes, including the reasons for, and the nature of, the proposed changes, the number and categories of Employees likely to be affected, information about the expected effects of the changes on the Employees, and any other matters likely to affect the Employees. This information shall be provided as soon as soon as practicable after the school has made the decision outlined in clause 14.2(a), provided that any school shall not be required to disclose confidential or commercially sensitive information.

(d) The school must give prompt and genuine consideration to matters raised about the major changes by the Employees, and or their representatives.

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14.4 Notice for changes in Production, Program, Organisation or Structure

(a) This clause sets out the notice provisions to be applied to terminations by the school for reasons arising from production, program, organisation or structure in accordance with clause 14.2. The provisions of this clause 14.4, only apply to a school if it employs 15 or more Employees, not limited to the employees covered by this agreement, immediately prior to the termination of employment of any Employees.

(b) In order to terminate the employment of an Employee, the school shall give to the Employee the following notice:

Period of continuous service Period of Notice

Less than 1 year 1 week

1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks

5 years and over 4 weeks

(c) In addition to the notice above, Employees over 45 years of age at the time of the giving of the notice with not less than two years’ continuous service, shall be entitled to an additional week’s notice.

(d) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(e) Interaction of this Clause with Termination of Employment Clause For the avoidance of doubt, an Employee will be entitled only to the greater of:

(i) Notice of termination under clause 13.1; and

(ii) Notice of termination under clause 14.4(b) and (c) and severance payment under clause 14.12

14.5 Notice for Technological Change

This clause 14.5 sets out the notice provisions to be applied to terminations by the school for reasons arising from ‘technology’ in accordance with clause 14.2 (a).

(a) In order to terminate the employment of an Employee the school shall give to the Employee three months notice of termination.

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice

specified and part payment in lieu thereof.

(c) The period of notice required by this clause 14.5 (c) to be given shall be deemed to be service with the school for the purposes of the LSL Act and the annual leave provisions of the Act.

14.6 Time off During the Notice Period

(a) During the period of notice of termination given by the school an Employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(b) If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the school, be required to produce proof of attendance at an interview or the Employee shall not receive payment for the time absent.

14.7 Employee Leaving During the Notice Period

If the employment of an Employee is terminated (other than for misconduct) before the notice period expires, the Employee shall be entitled to the same benefits and payments under this clause 14 had the Employee remained with the school until the expiry of such notice. Provided that in such circumstances the Employee shall not be entitled to payment in lieu of notice.

14.8 Statement of Employment

The school shall, upon receipt of a request from an Employee whose employment has been terminated, provide to the Employee, a written statement specifying the period of the Employee’s employment and the classification of or the type of work performed by the Employee.

14.9 Notice to Centrelink

Where a decision has been made to terminate Employees, the school shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the Employees likely to be affected and the period over which the terminations are intended to be carried out.

14.10 Employment Separation Certificate

The school shall, upon receipt of a request from an Employee whose employment has been terminated, provide to the Employee an ‘Employment Separation Certificate’ in the form required by Centrelink.

14.11 Transfer to Lower Paid Duties

Where an Employee is transferred to lower paid duties for reasons set out in clause 14.2, the Employee shall be entitled to the same period of notice of transfer as the Employee would have been entitled to if the Employee’s employment had been terminated, and the school may at the school’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

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14.12 Severance Pay

(a) The provisions of this clause 14.12 only apply to a school if it employs 15 or more Employees, not limited to the employees covered by this agreement, immediately prior to the termination of employment of the Employee/s. Where an Employee is to be terminated pursuant to clause 14.2, the school shall pay the following severance pay in respect of a continuous period of service:

(b) If an Employee is under 45 years of age, the school shall pay in accordance with the following scale:

Years of Service Under 45 Years of Age

Entitlement

Less than 1 year Nil

1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks

6 years and over 16 weeks

(c) Where an Employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

(d) ‘Weeks Pay’ means the all purpose rate of pay for the Employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over Agreement payments, shift penalties and allowances provided for in the relevant Agreement.

Years of Service 45 Years of Age and Over

Entitlement

Less than 1 year Nil

1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks 5 years and less than 6 years 17.5 weeks

6 years and over 20 weeks

14.13 Incapacity to Pay

Subject to an application by the school and further order of Fair Work Australia, a school may pay a lesser amount (or no amount) of severance pay than that contained in clause 14.12.

Fair Work Australia shall have regard to such financial and other resources of the school concerned as Fair Work Australia thinks relevant, and the probable effect paying the amount of severance pay in clause 14.12 above will have on the school.

14.14 Alternative Employment

Subject to an application by the school and further order of Fair Work Australia, a school may pay a lesser amount (or no amount) of severance pay than that contained in clause 14.12 if the school obtains acceptable alternative employment for an Employee.

14.15 Changes to Regular Rosters or Ordinary Hours of Work

(a) The School will consult with Employees about a change to their regular roster or ordinary hours of work.

(b) For the purposes of this clause 14.15 the School will:

(i) provide information to affected Employees about the change; and

(ii) invite affected Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and (iii) consider any views that are given by the Employees.

(c) Employees may be represented for the purposes of consultation under this clause 14.15.

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