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20TH SEPTEMBER 1999. Before seriously contemplating any move in relation to these documents, contact Employee Relations Administration or this Union Office to obtain a full up to date version. 1. PURPOSE The purpose of this statement is to communicate the agreed policy in regard to the management of displaced employees arising out of organisational restructuring. 2. SCOPE This policy has application to all permanent full-time and part-time Queensland Rail employees. However, employees are not eligible for a separation payment under this policy if they are: -
3. REFERENCES
4. DEFINITIONS Base Rate of Pay - shall mean the employee's classified rate of pay as per the Award - Enterprise Agreement. (This does not include any allowances not included in the payment of annual leave, annual leave loading, aggregate allowances such as those paid to traincrew and, payment of locality allowance for the purposes of payment of a severance payment). Current Continuous Service - will mean for this policy, service only with Queensland Rail and will provide for the aggregation of such service where any break in service is less than 3 months. Natural Attrition - shall mean reductions in staff as a result of the non-replacement of employees who resign, transfer, are promoted, retire or are deceased. Redeployee - is any employee whose position has been abolished and the employee is excess to the requirements of the work unit. Redeployment - Shall mean the process of placing a redeployee in an appropriate alternative position anywhere within Queensland Rail. Relocation - shall mean a change of primary work location, which causes the employee to move residence closer to the new centre (see Employee Transfer Entitlements Policy), so that daily travelling time falls within reasonable limits. (This does not include moving within a group of locations or depots as defined under "Location" in the Fixed Term Employment Policy). Employees who choose to travel to the new work site without a change of residence are not regarded as having relocated. Surplus Positions - Is that position that has been identified as not required for Queensland Rail's needs. Transfer - Shall mean placement or reclassification to a position where the employee's substantive pay rate falls within the new classification pay level. Voluntary Separation - shall mean acceptance by an employee of the voluntary separation benefit offered by Queensland Rail. 5. POLICY 5.1 Policy Statement. Queensland Rail will utilise all reasonable options and policies to ensure job security for as many QR employees as possible. Any separations as a result of having excess employees to requirements will be voluntary. In achieving this, QR will endeavour to maintain the employment of displaced employees in positions which: -
Employees, who are displaced through organisational restructuring, will be required to take responsibility for their future and genuinely seek new positions and opportunities. 5.2 Consultation. Where surplus positions may result through organisational restructuring, Queensland Rail will consult with the relevant Unions. Queensland Rail will advise the relevant Unions and affected employees as soon as reasonably practicable after management have identified positions as surplus. No employee shall be declared a redeployee or offered a voluntary separation payment until the consultation process has been completed with Unions. 5.3 Redeployment. Becoming a redeployee will mean: -
Redeployment is Queensland Rail's first priority in managing redeployees. Redeployment is the means by which redeployees are gainfully employed in other Queensland Rail positions for which they are reasonably qualified. Redeployment may require some job redesign to readily utilise the employee's existing skills. Redeployment may also involve reasonable retraining. Queensland Rail may redeploy the employee to another position for which the employee is either qualified or considered capable of undertaking following the necessary training. Redeployment is to be at the same or lower classification level subject to the provisions of clause 5.3.2 of this policy. Every attempt will be made to place a redeployee in a position in the same location. Redeployment will not involve relocation without the employee's agreement. 5.3.1 Salary Maintenance. A redeployee, or where a redeployee is placed in a lower level position, will attract full salary maintenance for two years from the date an employee is advised that their status has been so categorised and advised of the salary maintenance limitations. This provision, will only apply to employees declared a redeployee after the date of implementation of this policy. Salary maintenance shall mean base rate of pay exclusive of any allowances or overtime that may have applied to the employee's previous position. Enterprise Agreement increases will apply, but not movement within classification levels where progression would ordinarily occur. At the expiry of the two-year salary maintenance period, the redeployee's rate of pay will be frozen at that rate (without any further increases) until increases ordinarily granted would take the salary of the job being performed above the frozen rate. This provision will only apply to employees declared a redeployee after the date of implementation of this policy. An employee declared a redeployee prior to the implementation of this policy, will continue to be employed on the terms current at the time of being declared a redeployee. 5.3.2 Vacant Positions. Positions, which fall vacant, shall not be advertised internally or externally without the selection panel first considering the list of redeployees who are at equal or higher classification, which the Employee Relations Information System (ERIS) produces. Redeployees, or redeployees who have been placed in lower level positions, will maintain redeployee status for vacancies at their previous level for a period of two years from the date of being declared a redeployee. Anomalies of less than $20.00 per fortnight between the redeployee substantive pay rate and the potential new pay rate will not be regarded as a promotion for the purposes of redeployment under this policy. The selection panel will follow the principles laid down in the Recruitment and Selection Policy except as amended in this policy to determine whether any redeployee is suitable for appointment, noting the contents of the previous paragraph and paragraphs of 5.3.3. 5.3.3 Placements. All redeployees will be registered on the Redeployee register as part of the ERIS and all vacant positions will be registered on the Position Register of the ERIS to assist in the placement of redeployees. Prior to advertising a vacant position, a short list of redeployees of equal or higher classification should be assessed as their suitability for transfer to the position. As successful redeployment may require job redesign or training, there is no requirement for redeployees to demonstrate that they meet every selection criteria. Selection should be based on an individual's capacity to make a rapid transition to the new position and their level of merit compared with other short listed redeployees. Following assessment of short listed redeployees a Selection Report must be forwarded to the Delegated Manager for approval. Should a redeployee be appointed to a position prior to advertising, the appointment will not be appealable. If there is no suitable redeployee available, the position may be advertised. The decision by a Selection Panel not to place a redeployee in a vacant position is not appealable. Redeployee's may apply for appointment but once advertised they will not receive preference for appointment. 5.3.4 Relocation. Where a redeployee relocates for meaningful work, all normal transfer conditions and entitlements consistent with the Employee Transfer Entitlements policy will apply. In addition, if a redeployee relocates for meaningful work and despite reasonable action being taken, is unable to sell the principal place of residence or residential block of land, QR will assist in the disposal of the property. If this is unsuccessful, then QR will purchase the property at a price consistent with a fair market valuation established by using Queensland Rail's panel of valuation consultants. A redeployee who sells their place of residence or residential block of land in the former locality and purchases one in a new locality as outlined in Queensland Rail's Employee Transfer Entitlements Policy will be reimbursed: -
If a redeployee is unfamiliar with the location to which transfer is being effected, Queensland Rail will allow time off with pay to visit the new location and arrange for meetings with local community providers in accordance with the employee's needs. Expenses will be paid to the extent of travelling time each way plus free travel (if by car a mileage allowance based on the commuting rate) and an overnight stay (total reasonable accommodation and meal costs) in the new location for the employee and partner (if applicable). This entitlement will be made available on only one occasion. An employee will be reimbursed for all reasonable costs of packing and unpacking furniture and effects as outlined in Queensland Rail Employee Transfer Entitlements Policy. An employee who relocates will be paid a special Inconvenience Allowance. This allowance will amount to a core entitlement of two weeks pay per employee. If an employee can show that this is inadequate, the Manager authorising the transfer may increase the entitlement to a maximum of four weeks pay. A car allowance is payable to employees who accept redeployment away from their home depot and elect to travel on a daily basis to a new location that is further from their residence than their previous depot. This allowance is payable for the first six months of redeployment only. 5.4 Retraining. Redeployees will be afforded a reasonable period of time and opportunity to retrain and qualify for employment in an appropriate vacancy within QR. 5.5 Voluntary Separation. Discussion will be held between the redeployee and Queensland Rail concerning redeployment, retraining and relocation. Voluntary separation will only be offered after all redeployment, retraining, relocation or transfer options have been fully explored and found unsuitable to either QR or the redeployee. Redeployees will have a shared responsibility with QR in contributing towards suitable placement. The Chief Executive can only approve offers of voluntary separation packages where the General Manager Employee Relations certifies: -
There is no provision under this policy for an employee to apply for voluntary separation until management forward an approved offer as outlined above. Where a number of positions within a particular classification are identified as being surplus to requirements, persons occupying such positions shall be invited to apply for voluntary separation in accordance with the following procedures: -
An employee who is appointed to a position that has not been identified as surplus may be considered for management initiated separation if a suitable redeployee can be found. (NOTE: - This may occur only after a management initiated search for expressions of separation interest and only provided the replacement nominated by that employee, is considered to have the necessary skills and ability to undertake the duties of that position.) Employees, who are offered a voluntary separation package, will be provided with a limited period of time (e.g. one month) to advise of their acceptance or rejection and a further limited period of time (e.g. one month) in which to exit the organization. Eligible employees who accept an offer and are granted voluntary separation shall receive benefits in accordance with the schedule to this policy (Section 8). 5.6 Medical Invalidity. An employee who is medically incapacitated will not be offered voluntary separation as provided for in this policy. Traincrew and shunters will be entitled to the benefits and conditions as detailed in Section 5.10 of the Health Failure Scheme Policy. 5.7 Re-engagement. Employees who have accepted a separation payment made under this or any previous policy are not to be re-employed or directly contracted as consultants by Queensland Rail, unless specifically approved by the Chief Executive in special circumstances. 6. PROCEDURES 6.1 Identification process and options available.
6.2 Consultation process.
6.3 Redeployment Process.
6.4 Redeployment - Relocation.
6.5 Voluntary Separation.
7. AUTHORITY Chief Executive - Deputy Chief Executive. 8. SCHEDULE 8.1 Calculation of Severance Pay. The Calculation of Severance Pay is as follows:
The rate of pay used to calculate this entitlement is the employee's ordinary rate of pay. The severance payment will be not more than the equivalent of 104 weeks ordinary rate of pay. 8.2 Other Entitlements.
9. PERFORMANCE INDICATORS
10. AMENDMENTS REGISTER
11. SUPPORTING GUIDELINES - DOCUMENTATION
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