Common use of Compulsory Transfers Clause in Contracts

Compulsory Transfers. The Director or their delegate may transfer members of the same rank through various duties within the NTFRS for an appropriate purpose and for a specified period. (a) Within a Centre - Within Darwin and Xxxxx Springs Only (i) An employee may be transferred from day work to shiftwork or vice versa within a centre to meet a foreseen organisational requirement or for the employee’s career development. (ii) The employee will be notified not less than six calendar weeks prior to the transfer. However, by agreement with the employee, the employee may take up the transfer at any time agreeable to both parties following notification. (iii) At the conclusion of the transfer period or 12 months, whichever comes sooner, the employee will be reinstated to their previous position. (b) Between Centres Compulsory transfers between centres will only occur after all avenues to fill vacant positions through voluntary transfer and lateral entry have been exhausted. (c) Where an employee is transferred from day duty to shift duty or vice versa, the following will apply: (i) the Director or their delegate will determine the duration of the transfer which may be any period up to a maximum of two years; and (ii) where a transfer is to take place and it is not possible to give a precise duration, the matter is to be negotiated with a view to determining a mutually agreed duration; and (iii) it’s intended that an employee on the completion of the period of transfer will be returned to shift duty or day duty, as the case may be, if the employee concerned so requests. Where the Director or their delegate believes that this is not appropriate, prompt consultation will take place with the employee concerned and with the employee representative if the employee so requests, prior to the expiration of the period of transfer; and (iv) the Director or their delegate will provide written notice of not less than three months prior to the transfer. The notification will include the reason for the transfer and an indication of the duration. The three months notification period may be waived with the full agreement of the employee being transferred; and (v) an employee may appeal to the Commissioner under the PSEM Act in writing setting out the grounds for their appeal; and (vi) any employee who is the subject of a transfer within the meaning of this clause, will not be transferred again for a period of two years. The two years may be waived with the agreement of the employee concerned. (d) Unforeseen Circumstances The Director or their delegate may, in consultation with the affected employee and their representative, transfer the employee to day work or shiftwork, within a centre, for a period not exceeding six months. The employee will be given not less than four days notice.

Compulsory Transfers. The Director or their delegate may transfer members of the same rank through various duties within the NTFRS for an appropriate purpose and for a specified period. (a) Within a Centre - Within Darwin and Xxxxx Springs Only (i) An employee may be transferred from day work to shiftwork or vice versa within a centre to meet a foreseen organisational requirement or for the employee’s career development. (ii) The employee will be notified not less than six calendar weeks prior to the transfer. However, by agreement with the employee, the employee may take up the transfer at any time agreeable to both parties following notification. (iii) At the conclusion of the transfer period or 12 months, whichever comes sooner, the employee will be reinstated to their previous position. (b) Between Centres Compulsory transfers between centres will only occur after all avenues to fill vacant positions through voluntary transfer and lateral entry have been exhausted. (c) Where an employee is transferred from day duty (or track station duty) to shift duty or vice versa, the following will apply: (i) the Director or their delegate will determine the duration of the transfer which may be any period up to a maximum of two years; and (ii) where a transfer is to take place and it is not possible to give a precise duration, the matter is to be negotiated with a view to determining a mutually agreed duration; and (iii) it’s intended that an employee on the completion of the period of transfer will be returned to shift duty or day duty, as the case may be, if the employee concerned so requests. Where the Director or their delegate believes that this is not appropriate, prompt consultation will take place with the employee concerned and with the employee representative if the employee so requests, prior to the expiration of the period of transfer; and (iv) the Director or their delegate will provide written notice of not less than three months prior to the transfer. The notification will include the reason for the transfer and an indication of the duration. The three months notification period may be waived with the full agreement of the employee being transferred; and (v) an employee may appeal to the Commissioner under the PSEM Act in writing setting out the grounds for their appeal; and (vi) any employee who is the subject of a transfer within the meaning of this clause, will not be transferred again for a period of two years. The two years may be waived with the agreement of the employee concerned. (d) Unforeseen Circumstances The Director or their delegate may, in consultation with the affected employee and their representative, transfer the employee to day work or shiftwork, within a centre, for a period not exceeding six months. The employee will be given not less than four days notice.