16 MANAGING CHANGE

16.01 Managing Workplace Change

16.01.02 If the University is proposing substantial changes to organisational arrangements that may have significant effects on you and other staff, it will carry them out after consulting with the Union, taking into account the University's Academic Mission and Goals and the principles of EEO.

16.01.03 The University and the Union will cooperate in the management of workplace change if the change is likely to have significant effects.

16.01.04 Significant effects on staff may come from major changes:

• in the organisation of work or work practices;
• in the composition, operation or size of the work force or the skills required;
• by eliminating or reducing job, promotion or career opportunities or continuing appointments;
• by altering hours of work; and
• by restructuring of jobs and the associated need for retraining, transfer or redundancy of affected staff.

• the Vice-Chancellor and the Executive, in the central planning of the University ('Category A'); or
• the budget units (Offices and Divisions) ('Category B').

• if Heads in reports to the Vice-Chancellor identify significant effects of their budgetary plans on the terms of staff and on the Mission and Goals of the University. (Category B);
• any proposed restructuring of the University. (Category A);
• the University's enrolment strategies and targets that have significant effects on the workloads of staff (Category A);
• proposals for Offices or Division offices that involve reduction in the size or scope of direct General staff support for academic activities. (Either Category A or Category B, depending on the location and scope);
• the University's strategies for the development of and training for new technologies which affect the workloads of staff. (These may be Category A at first, but later may re-emerge as Category B);
• if a Division or Office decides to not fill vacancies or to not renew fixed-term appointments and the working patterns and terms of other staff are affected. (Category B).

16.01.08 Details given under 16.01.07 will include, where possible, advice of:

• the need for, the nature and the scope of the change;
• the staff affected by the proposal;
• familiarisation arrangements proposed;
• proposals for training and retraining of affected staff, if needed;
• proposals for any possible redeployment;
• any implications for OH&S and the quality of working life and measures to be taken to minimise adverse effects;
• the proposed rate and timing of implementation;
• the effects on staffing, organisation and work patterns;
• the expected benefits and adverse effects of the change;
• the setting up, membership and terms of reference of any review process;
• the consultative process that is to be used by the University and any review group to make sure that all relevant staff are consulted.

Category A Proposals

16.01.10 The Union should respond to the items listed in 16.01.08 within 10 working days of having advice from the Personnel Office (including advice of any possible reduction in staffing), unless agreed otherwise.

16.01.11 The Union should ask for any further information it needs, give any reasons why the Union thinks the change proposal is incomplete or unacceptable and/or propose a timetable for consultation.

16.01.12 The University and the Union will meet to talk about the proposal within 10 working days of the Union giving its response.

Category B Proposals

16.01.13 The Head should ask the following questions about areas of activity that might be removed or greatly reduced to meet budgetary or other restrictions. The answers will help the approval and consultative processes.

Strategic Importance

• What is the area's relevance to the University's strategic directions and priorities?
• Are there any relevant observations in a Review?

• How much would be saved? Is it a very 'costly' activity?
• Does the area bring in, or is it likely to bring in, significant income outside the Operating Budget?
• Does the area use more than an appropriate share of the Operating Budget directly and/or in terms of overheads, including space, and, if so, is this being addressed satisfactorily?
• What would it cost (not merely in money terms) to make a cut, and how difficult would it be?

• Would there be a loss of very high-level scholarship in terms of teaching, research and reputation?
• What are the relevant UAIs for undergraduates?
• Would postgraduate programs be affected? If so, of what kind, numbers and potential?
• Would the cut affect many PhDs or other degrees by research?
• Is the subject area in high demand? What factors will affect future demand?
• What are the staff/student ratios?
• Is the subject area better or adequately provided by other institutions?
• Could the subject area be provided with another institution?
• Would valuable community outreach be affected?
• What would be the likely community reaction?

• Are there currently or potentially vacancies among the staff?
• What would be the effect on individual staff and the group of staff?
• If there are individuals who would represent a great loss, could they be kept, or relocated in other areas of Macquarie, or relocated (at least in terms of part of these costs) with other institutions?

• Other relevant factors?

16.01.15 If the Head proposes a change under authority that may have significant effects on staff in the area, the Personnel Office will tell the Union. If the number of continuing positions will be reduced, the Head must have answers from 16.01.13 and other information needed for consultation.

16.01.16 Again, the Union will have 10 working days to object to the proposal and if it does the parties must meet within 10 working days to resolve the problems, before any decision is taken to go on.

16.01.17 If the proposal stays as a Category B, consultation will be between 2 local representatives of the Head and 2 local Union representatives.

16.01.18 If the Union needs to be represented by Branch Executive and/or Union staff, the University Bargaining Team will also be involved.

16.01.19 The University will consult with the Union if it decides to make a change that will have significant effects. The Union should identify specific concerns and the parties will try to agree about carrying out the change and ways to avoid or reduce harmful outcomes for you and other affected staff.

16.01.20 The aim of the consultations will be to make the change with as little disruption to you and other staff as possible and to give you time to consider your choices if retraining and/or redeployment is involved.

16.01.21 The University and Union will not try to take over the role of collegial, representative and University deliberative and decision-making bodies.

16.01.22 Matters that may lead to workplace change or affect working conditions will be referred by and/or to the parties at suitable stages for consultation under this clause. Details should be provided to the parties where the proposals before these bodies will affect the workloads or Levels of appointment of staff or require their reskilling or retraining.

16.01.23 These changes must not significantly reduce the proportions of staff in EEO groups.

16.02 Cost-Effectiveness of General Staff Services

16.02.02 The University must try to find the most cost-effective way of providing services. If the Union and/or you or other members of staff think that a service provided is being compromised, the details should be given to your Head or, for a service provided across units, the Pro Vice-Chancellor.

16.02.03 The University will follow these procedures when considering if it will be cost-effective to contract out services now carried out by General staff. This will be done in a reasonable timetable set by the Head in consultation with the Union. Any concerns about the timetable or any particular deadline should be reported to the Pro Vice-Chancellor.

16.02.04 You and other staff in the area will have an opportunity to improve the efficiency and effectiveness of the service. The Work Practices Review Committee in 8.07 will be used for consultation on changes to work systems.

16.02.05 The Committee, in consultation with staff, the unions and service users, will draft standards for the services for consideration by the Head. The University will consult with the Union before deciding the standards.

16.02.06 No further action is needed if the University and the Union agree to meet these standards to make the current service more efficient and cost effective and realise significant real savings of an ongoing nature.

16.02.07 The Committee, again in consultation with you and other affected staff, the Union and service users, will help the Head to prepare specifications based on the standards.

16.02.08 The University may use the following to test the available market and find the most cost-effective way to provide the current service:

• establish benchmarks;
• get expert advice from the University, the Union and other universities or organisations;
• get advice from consultants and make comparisons with other public and/or private service providers.

16.02.10 The University will not use contracting out as a way of deliberately reducing the salaries and terms for the work contracted out.

16.02.11 The procedures and consultative processes in 16.03 will be followed if the University decides to contract out a current General staff service.

16.03 Reduction in Staffing

• a decrease in student demand or enrolments in any academic course or unit or mix of courses or units (on one or more campuses);
• a decision to stop offering or to change the academic context of any course or unit or mix of courses or units on one or more campuses;
• reduced demand or other workload factors;
• the need to rearrange functions and classifications in an area because of financial exigency and staffing imbalances;
• legislative change;
• changes in technology or work methods; or
• restructuring and/or organisational change.

• the reasons for the proposed reductions and the criteria used to identify the affected work area(s);
• the number and categories of staff members likely to be affected and any proposed job descriptions or redistribution of workloads;
• units and areas to be discontinued;
• proposed changes in modes of delivery;
• the total amount expected to be saved because of the proposal (allowing for the expected number of separation packages and reductions in fractions); and
• the time when, or the period over which, the University proposes that reductions will occur.

• the voluntary redundancy procedures in 16.04; or
• a voluntary move to part-time or to a pre-retirement contract; or
• as a last resort, once the possible limits of other choices have been reached, the procedures in 16.05.

16.03.04 The University will pay for up to two counselling sessions from an independent financial advisor it nominates if you are looking at choices for leaving or retiring from the University because of the changes.

16.03.05 If you leave or retire because of the changes, you will continue to have appropriate access to the Library and other facilities and can become a visiting Academic at the invitation of the relevant Division.

16.04 Voluntary Redundancy

16.04.01 The University may issue a general offer of voluntary redundancy if the Vice-Chancellor thinks that factors in 16.03.01 need a reduction in staffing across the University and sets a period or periods for acceptance.

16.04.02 A General Voluntary Redundancy offer may be made available to all full-time and part-time continuing Academic and/or General staff, under 65 years of age.

16.04.03 You will not be part of the offer if you are planning to retire normally or are to take up a substantive position at an Australian university.

16.04.04 If you are to be accepted, your position must be redundant, will not be restructured and will be disestablished and the redundancy payment will then qualify as a 'bona fide redundancy' payment.

16.04.05 The University will refuse your application if it would be detrimental to the remaining staff or the operations of the University, Division or Office or would contribute to the loss of all or too many key members of staff in particular areas.

16.04.06 You should note that for the payment to you as a taxpayer to be able to get concessional taxation treatment:

• an eligible termination payment must be made because the University has ended your employment;
• the time of ending must be before the date of your 65th birthday;
• your job must cease to exist;
• the decision to end your employment must not be due to ordinary or customary turnover of labour nor due to any personal act or default by you nor for personal or disciplinary reasons;
• there must not be, at the 'termination time', any agreement between you and the University, or between the University and another person to employ you after that date. 'Agreement' here means an agreement that is formal or informal, express or implied, and may be legally enforceable or not.

• a sum equal to 2 weeks salary (apart from loadings) for each of your full years of continuous service at the University plus a pro rata payment for full months of continuous service since the last full year of continuous service;
• the total sum payable for the service will not be greater than 52 weeks at your salary (apart from loadings) at the time of retirement. This benefit will be on top of your ordinary entitlements for unused annual or long service leave.

16.04.09 If eligible, you may apply to the Personnel Office in the set period (as early as possible to make sure that your case is processed so you can leave before the cut-off date).

16.04.10 The Personnel Office will ask your Head about the effect of the deletion of your position before submitting the case for consideration.

16.04.11 Your application may be treated individually or collectively with others.

16.04.12 Your application will be decided by the Deputy Vice-Chancellor if an Academic staff member or the Pro Vice-Chancellor if a General staff member taking into account the advice of the Head.

16.04.13 A later or earlier date of effect than requested may be negotiated with you where staffing or funding restraints require that action.

16.04.14 The scheme is voluntary, your application will be treated confidentially and you will not suffer any disadvantage by applying. The University will tell the Union of the number of applications approved in each area.

16.04.15 The University will not employ you in any further substantial capacity. You may be allowed opportunities to continue your research interests through the use of University facilities, and/or by appointment to honorary (unpaid) visiting positions, as in 16.03.05. If appointed as a visiting Academic you may be employed to conduct occasional lectures but, as in 16.04.06, there must be no arrangement for this at the time of termination.

Targeted Voluntary Redundancy

16.04.16 After the steps in 16.03, the University may issue invitations for voluntary redundancy packages to all targeted staff in the area(s) and at the times decided by the University under 16.03.02.

16.04.17 You will have 6 weeks from having a written offer of a voluntary redundancy package to decide whether to apply for a package.

16.04.18 The University will not approve your application if your position is needed for ongoing operations. You will again be offered a targeted voluntary redundancy package if this application is rejected and you are identified in the next 2 years as a person whose employment is to be ended under 16.03.

16.04.19 You may ask your Head to see if a staff member outside the area but in the same Division or Office wishes to leave and might substitute for you. If the Head and the University agree, you will then move into the position of that staff member, who in turn will be given voluntary redundancy.

16.04.20 Before your application for a targeted voluntary redundancy package is accepted, your Head will decide your end date in consultation with your supervisor, senior staff in the area and you. You will be guaranteed 4 weeks employment after the date of acceptance of the application. This period can be cut or increased by agreement but, if cut, will not be paid out.

16.04.21 You will receive:

• a lump sum payment of 20 weeks salary;

• an additional lump sum worked out on following basis:

  Period of Continuous Service	Severance Pay
  less than 1 year	4 weeks pay;
  1 year but less than 2 years	8 weeks pay;
  2 years but less than 3 years	12 weeks pay;
  3 years but less than 4 years	15 weeks pay;
  4 to 5 years	18 weeks pay;
  and, after 5 years,	2 weeks ordinary pay for each year of service or Pro-rata for part of a year;

• but the total sum for the service may not exceed 52 weeks pay;

• payment of your accrued long service leave. (If you have more than 5 years service but less that 10 years, the voluntary redundancy will be a 'termination', with a proportionate entitlement);

• all payments for this voluntary redundancy package will be worked out on your ordinary rate of pay (apart from loadings) at the date your employment ends; and

• these benefits are instead of any benefits under 16.05.

16.05 Redundancy, Redeployment and Retrenchment

16.05.02 This period of notice will not apply in the case of dismissal.

16.05.03 If your position is redundant, the University will pay for up to two counselling sessions from an independent financial advisor it nominates.

16.05.04 When the University tells you, other staff and the Union under 16.05.01 it will also give information on:

• the terminations and the reasons for them;
• the number and categories of staff members likely to be affected;
• the time when, or the period over which, the University proposes to carry out the terminations.

• to stop the termination or stop or minimise the terminations;
• to reduce the adverse effects of the termination or terminations.

• your redeployment to either a similar or lower salaried position;
• your retraining for other employment in the University;
• your relocation.

16.05.08 The Personnel Office will maintain a central repository containing information on vacancies and areas where positions may be found together with a resume of areas that are contracting and where staff wanting redeployment may be found.

16.05.09 You will be fairly and objectively assessed for redeployment.

16.05.10 You may need to be given a program of training if you are redeployed to give you a working knowledge of the new area and new skills.

16.05.11 You may not unreasonably refuse a proposed transfer, retraining or relocation if you wish to be relocated.

16.05.12 If you are redeployed to lower paid duties for reasons in 16.03.01, your income will be maintained for 12 months from the date of transfer. Income here excludes payments that were peculiar to your earlier position and are not relevant to your new position.

16.05.13 If you are retrenched for reasons in 16.03.01, you will be entitled to the following amount of severance pay, at your salary on retrenchment, for a continuous period of service at the University:

• and, after 5 years, 2 weeks pay for each year of service or Pro-rata for part of a year;
• but the total sum paid for the service will not exceed 52 weeks ordinary pay.

16.05.15 If your position is redundant for reasons in 16.03.01, you may end your employment during notice and be entitled to the same payments had you remained with the University until the expiry of the notice.

16.05.16 In the circumstances, you will receive payment for the balance of the notice period in 16.05.01 or 4 weeks pay, whichever is smaller.

Review of the Decision

16.05.17 You may apply to the Personnel Office for a review of the decision within 10 working days of having advice under 16.05.01.

16.05.18 If you apply, the Vice-Chancellor will set up a Committee, which will be constituted in the same way, allow the same representation and follow the same processes as Review Panels set up under 14.02.

16.05.19 The Committee will consider:

• if the University took a genuine decision that your position should not be filled by anyone or that you were in a category of staff who were surplus to the requirements of the University;
• if fair and objective criteria were used to choose you to be retrenched; and
• if genuine and sufficient consultation was entered into under 16.05.07 and consideration was given to ways to stop or reduce the adverse effects of your termination.

16.05.21 If the Committee reports that the process was not fair, the Vice-Chancellor will look at the decision again but may first take reasonable steps to remedy the perceived unfairness.

16.05.22 The Vice-Chancellor will consider measures including secondment, redeployment or relocation to stop or reduce the adverse effects of the termination.

16.05.23 The Vice-Chancellor's decision will be final.

16.05.24 The Vice-Chancellor may decide to end your employment. If the notice in 16.05.01 has run out, you will be given a further 6 weeks notice.

Notification to Centrelink

16.05.25 If 15 or more staff are to be retrenched, the University will give written notice under 170CL of the Act to Centrelink with the reasons, the number and category of staff affected and the time when, or the period over which, it is intended that the retrenchments occur.

Use of Sick Leave

16.05.26 The notice periods in 16.05.01 and 16.05.24 will be extended by any certificated sick leave you take during the time under the sick leave policy.

Looking for Other Employment

16.05.27 If retrenched, you may ask the University for a letter stating that you occupied a position surplus to the requirements of the University.

16.05.28 If you apply for a position in another Australian university, you may tell that University that you have a letter of certification and ask that the selection committee concerned be made aware of the letter.

16.05.29 When given notice under 16.05.01, you will be allowed up to one day of paid time off for each week of notice for employment interviews.

16.05.30 You may be asked to produce proof that you went to an interview or you will not receive payment for the time absent.

16.05.31 A statutory declaration will be sufficient for 16.05.30.

16.05.32 You will be given reasonable travel and incidental expenses under 4.11 if the prospective employer does not meet those expenses.

Retraining and Redeployment

16.05.33 The University will meet reasonable costs of retraining as an agreed measure to reduce the effects of your position being surplus.

16.05.34 Where your employment is finally ended, the periods of leave described in this clause are not added to the notice period in 16.05.01.

16.06 Re-employment after Redundancy

16.06.02 If you have received a Targeted Voluntary Redundancy, the previous Voluntary Redundancy or a Retrenchment package, you will not be re-employed in any capacity, including as a consultant or contractor, by the University or any associated company within 2 years of your last day of duty. You will not be re-employed within 3 years if the employment is in the area in which you were earlier placed.