50. REDUNDANCY
50.1. Application
50.1.1 This clause does not apply to an Employee serving a period of probation, Limited-Term Employees whose employment ends upon the expiration of a specified period or specified task, Casual Employees, or an Employee engaged on an individual employment contract that specifically makes provision for redundancy.
50.2. Where Redundancy Arises
50.2.1 SBS may determine that an Employee’s position is redundant where the job the Employee performs is no longer required to be performed, including where:
(a) their skills and talents are no longer relevant to program requirements;
(b) they are no longer required for the efficient or economical operation of SBS;
(c) their services cannot be used effectively because of technological change or other changes in work practices; or
(d) their function is transferred to another location and the Employee is not willing to relocate.
50.3. Consultation and Notification
50.3.1 Where possible redundancy(ies) have been identified SBS will hold discussions with the affected Employee(s) and, where the Employee requests, with their representative.
50.3.2 Following discussions with an Employee pursuant to clause 50.3.1, SBS will notify the Employee if their position has been made redundant.
50.3.3 The above consultation in clause 50.3.1 will cover:
(a) the reason for, and effects of possible redundancies; the measures taken to avoid or minimise redundancies; and
(b) reasonable redeployment and retraining options.
50.4. Redeployment and Retraining
50.4.1 If an Employee who has been notified that their position is redundant wishes to explore redeployment and retraining options, or if SBS otherwise considers it appropriate, SBS will take such steps as are reasonable in the circumstances to do so, which may include:
(a) exploring other positions into which the Employee might be placed;
(b) providing advice on employment options;
(c) canvassing SBS for possible suitable vacancies;
(d) assessing retraining options;
(e) assisting with interview and job search skills; and
(f) taking any other appropriate action.
50.4.2 SBS will continue with this process, for a maximum of 6 weeks after notification that the Employee’s position is redundant, until a further position or training opportunity can be found for an Employee, SBS determines that it has exhausted the reasonable alternatives to termination of employment, or the Employee indicates that they no longer wish to explore redeployment and retraining options.
50.4.3 An Employee will not receive any redundancy payment under this Agreement if they:
(a) continue employment with SBS pursuant to a redeployment or retraining arrangement;
(b) are offered, but refuse, an offer of alternative employment with SBS which is on terms and conditions substantially similar to, and considered on an overall basis no less favourable than, their redundant position;
(c) cease employment by reason of resignation or repudiation in circumstances where their position is redundant, but SBS has lawfully transferred them into an alternative role in accordance with the contract of employment.
50.5. Redundancy Payments
50.5.1 For the purposes of this clause only, Redundancy Pay consists of the following:
(a) the Employee’s salary;
(b) any higher duties allowance where an Employee has been acting continuously in a higher position for a period of at least 12 months immediately preceding the date on which the Employee was notified that their job was redundant (Redundancy Notification Date);
(c) only if the Employee was entitled to a composite pay or buy-out loading, or shift penalties, for 50% or more of the pay periods in the 12 months preceding the Redundancy Notification Date – the weekly average of the composite pay or buy-out loading or the shift penalties received by the Employee over the 12 months preceding the Redundancy Notification Date; and
(d) other allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, excluding allowances which are a reimbursement for expenses incurred, or payment for disabilities associated with the performance of duty.
50.5.2 An Employee whose employment is terminated by SBS by reason of redundancy will receive:
(a) 5 weeks’ notice of termination, or pay in lieu of all or part of that notice;
(b) 4 weeks’ Redundancy Pay for each of the first 5 years of the Employee’s Government Service, then 3 weeks’ Redundancy Pay for every additional year of Government Service, to a maximum of the Employee’s most recent 24 years of Government Service;
(c) any accrued but untaken long service leave and pro-rata long service leave; and
(d) any accrued but untaken annual leave, and any additional payment pursuant to clause 11.5.2 of this Agreement.
50.5.3 A redundancy payment under this clause is in satisfaction of any other entitlement to notice or payment in lieu under this Agreement or the NES, or to redundancy pay under the NES.
50.5.4 For the purposes of subclause 50.5.1 above, where one or more periods of an Employee’s Government Service were on a part-time basis, the length attributed to such service will be pro-rated.
50.6. Re-Engagement
An Employee who is paid a redundancy benefit under this clause will not be re-engaged by SBS within 12 months after their employment is terminated without the approval of the Managing Director.