Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess. (2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including: (a) redeployment opportunities for the employee at or below the employee’s existing level; and (b) referral to career advisory services; and (c) whether voluntary redundancy might be appropriate. (3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative. (4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy. (5) The Secretary may identify an employee who is excess to the Department’s requirements: (a) after the discussions under subclause (2) have been held; or (b) if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess. (11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.
Appears in 4 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess.
(2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including:
(a) redeployment opportunities for the employee at or below the employee’s existing level; and
(b) referral to career advisory services; and
(c) whether voluntary redundancy might be appropriate.
(3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative.
(4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy.
(5) The Secretary may identify an employee who is excess to the Department’s requirements:
(a) after the discussions under subclause (2) have been held; or
(b) if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee.
(6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess.
(7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment.
(8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services.
(9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department.
(10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess.
(11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary (in accordance with clause 5.07) above the severance pay entitlement provided for under clause 5.06.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess.
(2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including:
(a) redeployment opportunities for the employee at or below the employee’s existing level; and
(b) referral to career advisory services; and
(c) whether voluntary redundancy retrenchment might be appropriate.
(3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative.
(4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy retrenchment if that the retrenchment of the employee would permit the redeployment of an employee who is excess and would otherwise be subject to redundancyretrenchment.
(5) The Secretary may identify an employee who is excess to the Department’s requirements:
(a) after the discussions under subclause (2) have been held; or
(b) if the employee or the employee’s representative declines to attend discussions – — no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee.
(6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess.
(7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy retrenchment immediately and the employees who seek redeployment.
(8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their his or her request, be referred to career advisory services.
(9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department.
(10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess.
(11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Consultation Process. (1) If 62.1 When the Secretary considers is aware that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is you are likely to become excess, the Secretary will advise you of the situation, in writing.
(2) 62.2 The Secretary must discuss will hold discussions with you to consider:
(a) reasons for your excess situation and the employee method used to determine excess employees;
(b) measures that might could be taken to resolve the employee’s potentially excess statussituation, including:
(a) including redeployment opportunities for the employee you at or below the employee’s existing your classification level;
(c) job swap opportunities at level;
(d) referral to an appropriate employment agency; and
(b) referral to career advisory services; and
(ce) whether voluntary redundancy retrenchment might be appropriate.
(3) If the employee nominates 62.3 Where you nominate a representative, the Secretary must will hold the discussions with the employee’s your representative.
(4) Before 62.4 The Secretary may, prior to the discussions conclusion of these discussions, invite employees who are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit retrenchment, where the retrenchment of those employees permits the redeployment of employees who are in an employee excess situation and who is excess and would otherwise be subject to redundancyremain excess.
(5) 62.5 The Secretary may identify an employee who is will determine if you are excess to the Department’s requirementsrequirements of the department and if so, advise you of this in writing:
(a) after the discussions under subclause (2) in Clauses 62.2 and 62.3 have been held; or
(b) if the employee or the employee’s representative declines to attend discussions – no less than 1 one month after the Secretary has told requested discussions pursuant to Clauses 62.2 and 62.3 and you or your nominated representative have declined to discuss the employee that the employee is likely to become an excess employeematter.
(6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess.
(7) 62.6 The Secretary must establish, through consultation will then consult with identified employees, the employees who have been determined to be excess and establish those who want to be offered voluntary redundancy retrenchment immediately and the employees those who want to seek redeployment.
(8) The Secretary must, in writing, tell an . An employee seeking redeployment will be advised in writing that the employee is they are excess (if this has not already happenedoccurred) and that the employee may, at their request, will immediately be referred to career advisory servicesan appropriate employment agency for redeployment assistance.
(9) 62.7 The Secretary must will take all reasonable steps, consistent with the interests of the efficient administration of the Departmentadministration, to transfer an excess employee to a suitable vacancy at the same level within the Departmentdepartment.
(10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess.
(11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.
Appears in 1 contract
Samples: Enterprise Agreement
Consultation Process. (1) If D.3.1 When the Secretary considers Director-General is aware that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee employee(s) is likely to become excess, the Director-General will at the earliest practicable time advise the employee(s) of the situation.
(2) The Secretary must discuss D.3.2 Discussions with the employee potentially excess employee(s) will be held to consider:
(i) measures that which might be taken to resolve reduce the employee’s potentially excess status, including:incidence of an employee becoming excess;
(aii) redeployment opportunities for the employee at or below employee(s) concerned, including identifying whether the employee’s existing levelemployee(s) seek redeployment; and
(b) referral to career advisory services; and
(ciii) whether voluntary redundancy retrenchment might be appropriateappropriate and whether the employee(s) want to be offered voluntary retrenchment.
(3) If D.3.3 The discussions will take place over such time as is reasonable, having regard to the particular matters under discussion and the need for potential excess-staff situations to be resolved quickly.
D.3.4 Where an employee nominates a representative, the Secretary must hold the discussions Director-General, delegate or relevant manager will consult with the employee’s 's representative.
(4) Before D.3.5 The Director-General may, prior to the discussions conclusion of these discussions, invite employees who are over, the Secretary may ask an employee who is not an potentially excess employee to express interest in voluntary redundancy if that retrenchment, where those retrenchments would permit the redeployment of an employee employees who is excess and would otherwise be subject to redundancyare potentially excess.
(5) D.3.6 The Secretary may Director-General will identify an employee the employees who is are excess to the Department’s ONA's requirements:
(ai) after the discussions under subclause (2) in Clause D.3.2 have been held; or
(bii) if where the employee or or, where they choose, their representative has declined to discuss the employee’s representative declines to attend discussions – no less than 1 matter, one month after the Secretary Director-General has told advised the employee that the employee is likely to become an excess employee.
(6) After identifying an excess employeeunder D3.1, the Secretary must tell the employee and may immediately advise those employees in writing that the employee is they are excess.
(7) The Secretary must establish, through consultation with identified employees, the D.3.7 Where 15 or more employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment.
(8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services.
(9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department.
(10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess, the Director-General will advise the employees of their likely status not less than one month before an invitation to express interest in voluntary retrenchment is made, or the employees are advised that they are excess. Where 15 or more employees are likely to become excess, the Director-General will also invite employee representatives nominated by the employees to participate in the discussions referred to in Clause D.3.2.
(11) D.3.8 Where an employee takes a voluntary redundancy under subclause (10)the Director-General declares 15 or more employees excess, the employee provisions of s660 and s668 of the WR Act will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06apply.
Appears in 1 contract
Samples: Collective Agreement
Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess.
(2) . The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including:
(a) redeployment opportunities for the employee at or below the employee’s existing level; and
(b) referral to career advisory services; and
(c) whether voluntary redundancy might be appropriate.
(3) . If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative.
(4) . Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy.
(5) . The Secretary may identify an employee who is excess to the Department’s requirements:
(a) : after the discussions under subclause (2) have been held; or
(b) or if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee.
(6) . After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess.
(7) . The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment.
(8) . The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services.
(9) . The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department.
(10) . Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess.
(11) . Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary (in accordance with clause 11.08) above the severance pay entitlement provided for under clause 5.0611.07.
Appears in 1 contract
Samples: Enterprise Agreement