3 At any stage in the consultation process, employees may involve a Representative of their choice, including a Union representative.

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1 13 / 07 / 2015 PRINCIPLES 1 Where TAFE proposes to introduce changes in programs, organisation, structure or technology that are likely to have a significant effect on employees, TAFE will consult those employees who are directly affected by the proposed changes. For the purposes of this clause significant effects include: (f) (g) Outcomes of the same level of consequence as termination of employment; change to the composition, operation or size of TAFE s workforce or to the skills required of employees; elimination or diminution of job opportunities (including opportunities for promotion or continuing employment); introduction of significant technological change; alteration of hours of work for identified groups of employees; restructuring and/or relocation of work units; and Other significant changes to formal employment conditions affecting identified groups of employees 2 The consultation process will provide directly affected employees and their unions with a genuine and timely opportunity to exchange relevant information, participate in discussions, and provide feedback on change proposals and implementation arrangements, and to have their views taken into account before decisions are made. The consultation process will be cooperative, but consultation does not necessarily mean that agreement will be reached. If proposals put forward by employees or their unions cannot be agreed to, reasons will be given. 3 At any stage in the consultation process, employees may involve a Representative of their choice, including a Union representative. DRAFT CHANGE PROPOSAL 4 For each proposed change of the kind referred to in clause XX affecting more than one employee, TAFE will prepare a Draft Change Proposal for consideration by and consultation with directly affected employees and their unions. The Draft Change Proposal will outline the nature, rationale and expected outcomes of the proposed change, and include: proposals to mitigate negative effects including training and redeployment; expected outcomes including expected advantages and disadvantages; ways to minimise any disadvantages to work health and safety in the workplace; financial implications; the timing of the consultation and timing of the proposed implementation of change; and

2 13 / 07 / 2015 (f) implications for employees including changes in duties, number of employees, workload and/or work environment. RECOMMENDED CHANGE PROPOSAL 5 TAFE will give prompt consideration to matters raised by employees and their unions and will prepare a Recommended Change Proposal, which will include a summary of the matters raised by employees and their unions and TAFE s response including any amendments to the proposed workplace change outlined in the Draft Change Proposal, and a Recommended Implementation Plan. The Recommended Implementation Plan will specify the way in which the proposed change is to be implemented, the timing of implementation and a mechanism for evaluating the change with affected employees and their unions. 6 TAFE will consult with directly affected employees and their unions on the Recommended Change Proposal and consider their views before making a final decision in relation to the proposed change and its implementation. APPROVED CHANGE PROPOSAL 7 A final Approved Change Plan will then be issued setting out TAFE s decision and Implementation Plan. The Approved Change Plan will also include a summary of the matters raised by employee and/or the unions and TAFE s response to those matters. CHANGES AFFECTING INDIVIDUAL EMPLOYEE 8 For each proposed change of the kind referred to in clause XX affecting only one employee, TAFE will consult the employee concerned (and where requested, their Union or other Representative) and provide them with an opportunity to provide feedback on the proposed change and implementation arrangements before any final decision is made. Matters affecting an individual employee which are not resolved may be dealt with under Dispute Resolution clauses XX. EXCLUSION OF CERTAIN CATEGORIES OF EMPLOYEE 9 Clauses XX below do not apply to: employee employed on a casual basis; or employee serving a period of probationary employment. JOB SECURITY 10 TAFE has a goal of maintaining the overall size of its workforce. However, where reductions occur, TAFE will endeavour to redeploy affected employees as far as practicable, and will utilise involuntary redundancies only as a last resort. If TAFE decides to reduce the number of employees, it will first consider measures such as:

3 13 / 07 / 2015 inviting expressions of interest in voluntary redundancy, including if appropriate, from employees in other areas; reducing numbers by natural attrition; offering part-time employment; offering voluntary early retirement schemes; and/or arranging suitable alternative employment. VOLUNTARY EARLY RETIREMENT SCHEMES 11 TAFE may offer early retirement in accordance with voluntary early retirement schemes approved by the Australian Taxation Office, but reserves the right to reject an expression of interest in voluntary early retirement submitted by an individual employee. REDEPLOYMENT AND REDUNDANCY Notice of redundancy 12 Where TAFE has determined that an employee s position is redundant, they will be notified in writing and offered voluntary redundancy. A period of 2 weeks will be provided by Express Post or to the employee to consider their options. The written notification will provide an estimate of the employee s entitlements to the four week Notice Period (or payment in lieu of notice), severance payment, benefit allowable as a contributor to a retirement fund; prorata annual leave loading for leave accumulated at the date of termination; and payments in lieu of accrued leave. 13 Employee will be entitled to up to one day s paid leave per week (pro rata) during this period for the purposes of seeking other work, outplacement service or financial advice. 14 The employee will inform TAFE with the initial 2 week period of their intention to accept the voluntary redundancy payments or if they will be seeking redeployment. 15 Where an employee whose position has been made redundant does not accept an offer of voluntary redundancy, TAFE will seek to redeploy them to an alternative suitable position. Accepting an offer of voluntary redundancy 16 Where an employee accepts an offer of voluntary redundancy, their employment will end at the end of the four week notice period or such other date as TAFE and the employee may agree. If the end date is earlier than the end of the Notice Period, the employee will be paid in lieu of the balance of the Notice Period. 17 On cessation of employment, the employee will receive payment in lieu of the balance of the Notice Period (if applicable), severance payment, the incentive payment, benefit allowable as a contributor to a retirement fund; pro-rata

4 13 / 07 / 2015 annual leave loading for leave accumulated at the date of termination; and payments in lieu of accrued leave. 18 An employee who agrees to an alternative end date later than the expiration of the Notice Period to suit the needs of TAFE will receive an additional payment equivalent to four weeks Salary. An employee s entitlement to this payment will be confirmed by TAFE in writing at the time of confirming the employment end date. Incentive Payment 19 Employees who accept a voluntary redundancy within the initial two weeks will receive an incentive payment based on years of service as follows; Length of Service Less than one year One year and less than two years Two years and less than three years Three or more years Additional Payment Two weeks pay Four weeks pay Six weeks pay Eight weeks pay Redeployment 20 TAFE will endeavour to redeploy employees whose positions have been made redundant and have not accepted an offer of voluntary redundancy. An employee must not unreasonably refuse redeployment to a position at their existing level or at a salary level within 5% above or below their salary range; or to undertake training. 21 Where an employee who is seeking redeployment is potentially suitable for a vacant position, they will be considered in advance of other candidates. Where two or more employees are seeking redeployment and may be suitable (and express an interest in) the same position, selection is based on merit between the employees. The provision of additional training within the first six months will be taken into account when assessing the suitability of an employee for a vacant position. 22 During the redeployment period, TAFE will provide the employee (and their union) with a list of current vacancies within TAFE, the Department and the Government Service. TAFE will review and discuss all potentially upcoming suitable position with the employee before they are advertised more broadly. This includes positions where TAFE is aware that the existing employee is planning on leaving in the near future. 23 An employee may choose to accept a temporary role or secondment in the Government Service. If this occurs, the redeployment period will be put on hold to the end of the temporary role or secondment. The support for redeployment will continue to be provided once the redeployment period comes back into effect.

5 13 / 07 / Where an employee is required to transfer to a new work location, they will be entitled to relocation assistance in accordance with this Agreement and TAFE policy. 25 An employee who is redeployed to a position in the new Classification Structure in TAFE where the salary range is at a lower level, will continue to be paid at the Salary rate they received immediately prior to the redeployment including all pay rises. If the first Step in the new position has a starting salary lower than the employee s prior salary, the employee will be placed at next Step within the Level that is above their current salary. 26 Where an employee is transferred to a role in the Government Service outside of TAFE with a lower Salary rate they will continue to be paid at the Salary they received immediately prior to redeployment for a period of twelve months or until the salary applicable to their new role matches their previous salary, whichever occurs first. 27 Loadings and/or allowances will continue to be paid only if they are loadings and/or allowances which also apply to the position to which the employee has been transferred. Involuntary redundancy 28 Where an employee has not accepted an offer of voluntary redundancy and is unable to be redeployed, their employment will cease on grounds of involuntary redundancy. The employee will be given notice of the cessation of their employment or payment in lieu of notice as set out below and severance pay under clause xx. Completed years of Continuous Service Up to 1 year Over 1 year and up to 3 years Over 3 years and up to 5 years Over 5 years Notice Period 1 week 2 weeks* 3 weeks* 4 weeks* *Employees who are 45 years of age or over at the time of the notice and who have at least two years Continuous Service will receive one additional week s paid notice. SEVERANCE PAYMENTS AND RELATED CONDITIONS 29 Employees who are entitled to severance pay will receive the following amounts: Completed years of Continuous Paid Service If less than 45 years of age If at least 45 years of age

6 13 / 07 / 2015 Less than 2 years 4 weeks Salary 5 weeks Salary 2 6 weeks Salary 7 weeks Salary 3 years or more 3 weeks for every year of service, pro-rata for part years 30 The following conditions apply to severance payments: Additional one week The maximum severance payment (not including incentive payment or any other entitlement) is 39 weeks or 40 weeks for employees at least 45 years of age where an employee has been working part-time after returning to work from parental leave, their severance pay will be calculated on the basis of their full-time Salary; breaks in service of less than four months shall not be considered to be a break in Continuous Service; periods of approved unpaid leave will not constitute breaks in service for the purposes of calculating severance payments. Such leave will not count as service for the calculation of severance payments, with the exception of maternity leave and sick leave (supported by a medical certificate) which will count as service; Casual service will count towards continuous paid service if it exceeds four consecutive terms with a minimum of three hours per week.