Common use of Application of Division Clause in Contracts

Application of Division. (1) This Division applies only to excess employees who are ongoing APS employees other than employees on probation. (2) An employee is an excess employee if the Secretary considers that: (a) the employee is of a kind of which there are more than are necessary for the efficient and economical working of the Department; or (b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the Department or structural or other changes in the nature, extent or organisation of the functions of the Department; or (c) if the duties usually performed by the employee are to be performed at a different locality: (i) the employee is not willing to perform the duties at that locality; and (ii) the Secretary decides that the employee is an excess employee.

Application of Division. (1) This Division applies only to excess employees who are ongoing APS employees other than employees on probation. (2) An employee is an excess employee if the Secretary considers thatif: (a) the employee is of a kind of which there are more than are necessary for the efficient and economical working of the Department; or (b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of the Department or structural or other changes in the nature, extent or organisation of the functions of the Department; or (c) if the duties usually performed by the employee are to be performed at a different locality: (i) the employee is not willing to perform the duties at that locality; and (ii) the Secretary decides that the employee is an excess employee.