Common use of Excess Employees Clause in Contracts

Excess Employees. Definition 57.1 An employee is ‘excess’ when: (a) They are included in a class of employees in ACSQHC comprising a greater number than is necessary for the efficient and economical working of ACSQHC; (b) Due to technological or other changes in the work methods of ACSQHC, or structural or other changes in the nature, extent or organisation of the functions of ACSQHC, the services of the employee cannot be effectively used; or (c) The duties usually performed by the employee are to be performed at a different locality and the employee is not willing to perform those duties at the new locality, and the CEO has determined that the provisions of this clause may apply to that employee. 57.2 The provisions of this Part only apply to ongoing employees other than employees on probation. 57.3 The powers of the CEO with regard to excess employees allow the CEO to: (a) Reassign duties to an employee within ACSQHC and determine the place at which the duties are performed (b) Consider options for redeployment of the employee to another APS agency (c) Reduce the classification level of an employee on the grounds that the employee is excess to the requirements of ACSQHC at the higher classification level (d) Terminate the employment of an employee on the grounds that the employee is excess to the requirements of ACSQHC. 57.4 When the CEO is aware that an employee is likely to become excess, the CEO will advise the employee at the earliest practicable time. 57.5 The CEO will hold discussions with the potentially excess employee to consider: (a) Redeployment opportunities for the employee concerned; and (b) Whether voluntary retrenchment might be appropriate. 57.6 Where an employee is identified as potentially excess, the CEO will hold an initial discussion with the employee and/or the employee’s representative. 57.7 During this initial discussion period of one month, unless the employee agrees to a lesser period, the CEO will not: (a) Invite the employee to accept an offer of voluntary retrenchment; or (b) Advise that employee in writing that they are excess. 57.8 The CEO may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express an interest in voluntary retrenchment, where those retrenchments would permit the redeployment of employees who are potentially excess. The CEO will not advise an employee they are excess until the discussions referred to in clause 57.5 have occurred.

Excess Employees. Definition 57.1 An 24.1 For the purposes of this clause, an employee is ‘excess’ whenexcess if: (a) They are the employee is included in a class of employees in ACSQHC comprising the AWM, which class comprises a greater number of employees than is necessary for the efficient and economical economic working of ACSQHCAWM; (b) Due to the services of the employee cannot be effectively used because of technological or other changes in the work methods of ACSQHC, AWM or structural or other changes in the nature, extent or organisation of the functions of ACSQHC, the services of the employee cannot be effectively usedAWM; or (c) The where the duties usually performed by the employee are to be performed at a different locality and other than Canberra or its immediate surrounds, the employee is not willing to perform those duties at the new locality, locality and the CEO Director has determined that the these provisions of this clause may apply to that employee. 57.2 24.2 The provisions of this Part only following procedures will apply to ongoing employees other than employees on probationthe consultation process in relation to excess employees. 57.3 The powers of the CEO with regard to excess employees allow the CEO to: (a) Reassign duties to an employee within ACSQHC and determine the place at which the duties are performed (b) Consider options for redeployment of the employee to another APS agency (c) Reduce the classification level of an employee on the grounds that the employee is excess to the requirements of ACSQHC at the higher classification level (d) Terminate the employment of an employee on the grounds that the employee is excess to the requirements of ACSQHC. 57.4 24.3 When the CEO Director is aware that an employee is likely to become excessexcess to requirements, the CEO Director will advise the employee at of the earliest practicable timesituation. 57.5 24.4 The CEO Director will hold discussions take such action as is reasonable to assess the redeployment prospects of potentially excess employees. 24.5 Discussions with the potentially excess employee employees and/or their representative will be held to consider: (a) Redeployment opportunities redeployment opportunities, taking into account the Director‘s assessment, for the employee employees concerned; and (b) Whether whether employees are interested in voluntary retrenchment might be appropriateretrenchment. 57.6 Where an employee is identified as potentially excess, 24.6 An Employee who has been advised by the CEO will hold an initial discussion with the employee and/or the employee’s representative. 57.7 During this initial discussion period of one month, unless the employee agrees to a lesser period, the CEO will not: (a) Invite the employee to accept an offer of voluntary retrenchment; or (b) Advise that employee in writing Director that they are excesslikely to be excess to requirements, may choose to be represented in any discussions with the Director. 57.8 24.7 The CEO Director may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express an interest in voluntary retrenchmenttermination, where those retrenchments terminations would permit the redeployment of employees who are potentially excess. 24.8 The period of these discussions will not exceed one month (or lesser period as agreed). 24.9 The Director will advise relevant employees, in writing, that they are excess to the requirements of the Agency. The CEO employee will also receive, in writing, a once-only invitation to elect for voluntary retrenchment. 24.10 The Director will not advise an employee they are that he or she is excess until the discussions referred to in clause 57.5 25.5 have occurred. 24.11 Where the Director invites an excess employee to do so, the individual will have one month to elect for voluntary retrenchment. The Director will not give notice of termination before the end of that period or until such election is received (in circumstances where the election is received before the end of that period). 24.12 Where an employee has not already received the following information, within that month the AWM will assist the employee in gaining information on the: (a) amount of severance pay, pay in lieu of notice and paid up leave credits; (b) amount of accumulated superannuation contributions; (c) options open to the employee concerning superannuation; (d) taxation rules applying to the various payments; and (e) financial counselling. 24.13 Where the Director invites an excess employee to accept voluntary retrenchment, the parties bound by this Agreement agree that the Director may also invite the excess employee to accept an accelerated separation option. This option provides, in addition to the severance benefit, a payment of two weeks Annual Salary in lieu of any further consultation where the excess employee agrees to termination of employment, and the employment is so terminated within 14 days of receiving an offer of voluntary retrenchment. 24.14 Where the employee agrees to be voluntarily retrenched, the Director can approve the individual‘s termination and upon approval will give the Notice of Termination required under section 29 of the Public Service Act. The period of notice will be in accordance with the Fair Work Act. 24.15 Where an employee terminates or is terminated at the beginning of, or within, the notice period, he or she will receive payment in lieu of notice for the unexpired portion of the notice period. The amount of the payment includes ordinary wages, anticipated overtime or shift allowances and other allowances the employee would have received if they had continued to work in accordance with their usual arrangements until the end of the notice period. 24.16 An employee who accepts voluntary retrenchment, and is subsequently terminated under section 29 of the Public Service Act on the grounds of being excess to the requirements of the Agency, is entitled to be paid a sum equal to two weeks Annual Salary for each completed year of service, plus a pro rata payment for completed months of service since the last completed year of service subject to any minimum amount the employee is entitled to under the National Employment Standards. 24.17 For earlier periods of service to count as service, there must not be breaks between the periods of service except where: (a) the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; or (b) the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the repealed section 49 of the Public Service Act 1922. 24.18 The minimum sum payable under clause 25.16 will be four weeks Annual Salary and the maximum sum payable shall be 48 weeks Annual Salary. 24.19 The severance benefit will be calculated on a pro rata basis where an employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service in accordance with clause 25.20. 24.20 Having regard to clause 25.17, and subject to the clauses 25.18 and 25.19, service for severance pay purposes means: (a) service in the AWM; (b) Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976 (Cth); (c) service with the Commonwealth (other than service with a Joint Commonwealth- State body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; (d) service with the Australian Defence Forces; (e) APS service immediately preceding deemed resignation, under the repealed section 49 of the Public Service Act 1922, if the service has not been previously recognised for severance pay purposes; (f) service in another organisation where the employee was transferred from the APS to that organisation with a transfer of function; or an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS and such service is recognised for long service leave purposes. 24.21 Any period of service which ceased for the following reasons will not count as service for severance pay purposes: (a) the employee lacks, or has lost, an essential qualification for performing his or her duties; or (b) non-performance, or unsatisfactory performance, of duties; or (c) inability to perform duties because of physical or mental incapacity; or (d) failure to satisfactorily complete an entry level training course; or (e) failure to meet a condition imposed under subsection 22(6) of the Public Service Act; or a breach of the Code of Conduct; or (f) on a ground equivalent to a ground listed in five subparagraphs immediately above under the repealed Public Service Act 1922; or (g) through voluntary retirement at or above the minimum retiring age applicable to the employee; or (h) with the payment of a redundancy benefit or similar payment or an employer- financed retirement benefit. 24.22 Absences from work which do not count as service for long service leave purposes will not count as service for severance pay purposes. 24.23 For the purpose of calculating any payment under redeployment, retirement and redundancy provisions, Annual Salary will include: (a) the employee‘s full-time Annual Salary adjusted on a pro rata basis for periods of part time service; or (b) the full-time Annual Salary of the higher position, adjusted on a pro rata basis for periods of part-time service, where the employee has been performing work at a higher level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination; under section 29 of the Public Service Act; and (c) shift penalties, where the employee has undertaken shift work and is entitled to shift penalties for 50% or more of the pay periods in the 12 months preceding being given notice of termination. A weekly average of penalties due over the 12 months will be included in the Annual Salary; and (d) other allowances in the nature of Annual Salary which are paid during periods of annual leave and on a regular basis, excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities associated with the performance of duty. 24.24 If an excess employee cannot be re-employed and has been offered and has declined voluntary retrenchment, the Director may involuntarily terminate the employment of the excess employee at the end of a retention period. 24.25 Unless the individual agrees, the employment of an excess employee will not be involuntarily terminated until the following retention periods have elapsed: (a) nine months where the employee has 20 or more years of service or is over 45 years of age; or (b) three months for all other employees bound by this Agreement. 24.26 If the employee has elected not to accept voluntary retrenchment and a retention period applies, at the end of the retention periods in clause 25.25 above, no severance benefits are payable. The retention period will be reduced by an amount equivalent to the employee‘s National Employment Standards (NES) minimum redundancy pay period entitlement where the employee declines or does not respond to an offer of voluntary retrenchment made under clause 25.9. 24.27 The retention period will commence one month after the day on which the Director invites the employee to elect to be voluntary retrenched. 24.28 During the retention period the Director: (a) will continue to assist the employee to find alternative employment, including at the same classification level; (b) will consider AWM excess employees in isolation from and not in competition with other employees for advertised vacancies at the same classification level; and (c) after taking the above steps, may, if the employee has not been found alternative employment, with one month‘s notice, reduce the excess employee‘s Annual Salary level as a means of securing alternative employment for the excess individual. Where an excess employee is reduced in classification before the end of the appropriate retention period, they will continue to be paid at their previous level for the balance of the retention period. Their previous level will include the Annual Salary of a higher position, where the employee has been performing work at a higher level for a continuous period of at least 12 months immediately preceding the date on which he or she was reduced in Annual Salary level, provided the employee would have continued to act but for the excess employees situation. Their previous level will also include allowances or loadings in the nature of Annual Salary that are paid during periods of leave and on a regular basis. 24.29 During the retention period the employee: (a) will take reasonable steps to find alternative employment; and (b) will actively participate in learning and development activities, trial placements or other arrangements agreed to, to assist in obtaining a permanent placement. 24.30 The retention or notice periods relating to the reduction in classification of an excess employee or notice of involuntary termination will be extended by any continuous periods of over one week of certificated personal leave for illness or injury during these periods. 24.31 The excess employee will be provided with assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment where these expenses are not met by the prospective employer. 24.32 Where the Director believes there is insufficient productive work available for an employee during the retention period, and there are no reasonable redeployment prospects for the employee, the Director may, with the agreement of the employee, terminate the employee‘s employment under section 29 of the Public Service Act and pay the balance of the retention period as a lump sum. This lump sum will comprise: (a) the balance of the retention period (as shortened for the NES under sub-clause 25.26 above) and this payment will be taken to include the payment in lieu of notice of termination of employment; and (b) an additional redundancy payment equal to the amount the retention period was shortened by under clause 25.26 above (i.e. the NES component). 24.33 The employment of an excess employee will not be terminated involuntarily if they have not been invited to elect for voluntary retrenchment or have elected for voluntary retrenchment but the Director refuses to approve it. 24.34 The employment of an excess employee will not be terminated involuntarily if there are other employees performing similar work at the same level in their location who have elected for voluntary retrenchment, been refused, and still wish to accept voluntary retrenchment. 24.35 An excess employee will be given four weeks notice (or five weeks for an individual over 45 years of age with at least five years of continuous service) where it is proposed that their employment will be involuntarily terminated. 24.36 The specified periods of notice will as far as practicable be concurrent with retention periods. 24.37 These Excess Employee provisions do not apply to ongoing employees on probation, or to non-ongoing employees.

Excess Employees. Definition 57.1 An employee is ‘excess’ when25.1 The provisions of this clause apply to ongoing employees who are excess to the requirements of the department. They do not apply to: (a) They are included in an employee whose period of probation has not expired; or (b) a class non-ongoing employee. 25.2 For the purposes of employees in ACSQHC comprising this Agreement, an employee is excess to the requirements of the department if: (a) the employee has a classification level at which there is a greater number of employees than is necessary for the efficient and economical working cost-effective operations of ACSQHC;the department; or (b) Due to the services of the employee cannot be effectively used because of technological or other changes in the work methods of ACSQHC, the department or structural or other changes in the nature, extent or organisation of the functions of ACSQHC, the services of the employee cannot be effectively used; or (c) The duties usually performed by the employee are to be performed at a different locality and the employee is not willing to perform those duties at the new locality, and the CEO has determined that the provisions of this clause may apply to that employeedepartment. 57.2 The provisions of this Part only apply to ongoing employees other than employees on probation. 57.3 The powers of the CEO with regard to excess employees allow the CEO to: (a) Reassign duties to an employee within ACSQHC and determine the place at which the duties are performed (b) Consider options for redeployment of the employee to another APS agency (c) Reduce the classification level of an employee on the grounds that the employee is excess to the requirements of ACSQHC at the higher classification level (d) Terminate the employment of an employee on the grounds that the employee is excess to the requirements of ACSQHC. 57.4 25.3 When the CEO Clerk is aware that an employee is likely potentially excess to become excessrequirements, the CEO Clerk will advise the employee at the earliest practicable time. 57.5 The CEO accordingly, and will hold discussions with the potentially excess employee and, if requested, his or her nominated representative, to considerconsider what measures could be taken, including: (a) Redeployment redeployment opportunities for the employee concernedat or below level; and (b) Whether whether voluntary retrenchment might be appropriate. 57.6 Where an employee is identified as potentially excess, the CEO will hold an initial discussion with the employee and/or the employee’s representative. 57.7 During this initial discussion period of one month, unless the employee agrees to a lesser period, the CEO will not: (a) Invite the employee to accept an offer of voluntary retrenchment; or (b) Advise that employee in writing that they are excess. 57.8 25.4 The CEO Clerk may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express an interest in voluntary retrenchment, where the retrenchment of those retrenchments employees would permit the redeployment of the employees who are potentially excess. . 25.5 The CEO Clerk will not advise an employee they immediately advise, in writing, those employees who are excess until to the department’s requirements: (a) after the discussions referred to in clause 57.5 25.3 have occurredbeen held; or (b) where the employee has been given reasonable opportunity and has declined to discuss the matter, one month after the Clerk had advised the employee under clause 25.3.

Excess Employees. DefinitionDefinition‌ 57.1 55.1 An employee is ‘excess’ when: (a) They they are included in a class of employees in ACSQHC comprising a greater number than is necessary for the efficient and economical working of ACSQHC; (b) Due due to technological or other changes in the work methods of ACSQHC, or structural or other changes in the nature, extent or organisation of the functions of ACSQHC, the services of the employee cannot be effectively used; or (c) The the duties usually performed by the employee are to be performed at a different locality and the employee is not willing to perform those duties at the new locality, and the CEO has determined that the provisions of this clause may apply to that employee. 57.2 55.2 The provisions of this Part only apply to ongoing employees other than employees on probation. 57.3 55.3 The powers of the CEO with regard to excess employees allow the CEO to: (a) Reassign reassign duties to an employee within ACSQHC and determine the place at which the duties are performed (b) Consider consider options for redeployment of the employee to another APS agency (c) Reduce reduce the classification level of an employee on the grounds that the employee is excess to the requirements of ACSQHC at the higher classification level (d) Terminate terminate the employment of an employee on the grounds that the employee is excess to the requirements of ACSQHC.. Timely advice‌ 57.4 55.4 When the CEO is aware that an employee is likely to become excess, the CEO will advise the employee at the earliest practicable time. 57.5 55.5 The CEO will hold discussions with the potentially excess employee to consider: (a) Redeployment redeployment opportunities for the employee concerned; and (b) Whether whether voluntary retrenchment might be appropriate.. Referral to employee – initial discussion‌ 57.6 55.6 Where an employee is identified as potentially excess, the CEO will hold an initial discussion with the employee and/or the employee’s representative. 57.7 55.7 During this initial discussion period of one month, unless the employee agrees to a lesser period, the CEO will not: (a) Invite invite the employee to accept an offer of voluntary retrenchment; or (b) Advise advise that employee in writing that they are excess. 57.8 55.8 The CEO may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express an interest in voluntary retrenchment, where those retrenchments would permit the redeployment of employees who are potentially excess. The CEO will not advise an employee they are excess until the discussions referred to in clause 57.5 55.5 have occurred.

Excess Employees. Definition23.1 The provisions of clauses 23.2 to 23.31 apply to ongoing employees who are excess to the requirements of the department. They do not apply to: 57.1 An a. an employee whose period of probation has not expired; or b. a non-ongoing (temporary) employee. 23.2 For the purposes of this Agreement, an employee is ‘excess’ whenexcess to the requirements of the department if: (a) They are included in a. the employee has a class of employees in ACSQHC comprising classification at which there is a greater number of employees than is necessary for the efficient and economical working cost-effective operations of ACSQHC;the department; or (b) Due to b. the services of the employee cannot be effectively used because of technological or other changes in the work methods of ACSQHC, the department or structural or other changes in the nature, extent or organisation of the functions of ACSQHC, the services of the employee cannot be effectively used; or (c) The duties usually performed by the employee are to be performed at a different locality and the employee is not willing to perform those duties at the new locality, and the CEO has determined that the provisions of this clause may apply to that employeedepartment. 57.2 The provisions of this Part only apply to ongoing employees other than employees on probation. 57.3 The powers of 23.3 Once the CEO with regard to excess employees allow the CEO to: (a) Reassign duties to an employee within ACSQHC and determine the place at which the duties are performed (b) Consider options for redeployment of the employee to another APS agency (c) Reduce the classification level of an employee on the grounds that the employee is excess to the requirements of ACSQHC at the higher classification level (d) Terminate the employment of an employee on the grounds that the employee is excess to the requirements of ACSQHC. 57.4 When the CEO Clerk is aware that an employee is likely potentially excess to become excessrequirements, the CEO Clerk will advise the employee at the earliest practicable time. 57.5 The CEO accordingly, and will hold discussions discuss with the potentially excess employee to considerand, if requested, his or her nominated representative, the options available, including: (a) Redeployment a. redeployment opportunities for the employee concernedat or below his or her classification; and (b) Whether b. whether voluntary retrenchment might be appropriate. 57.6 Where an employee is identified as potentially excess, the CEO will hold an initial discussion with the employee and/or the employee’s representative. 57.7 During this initial discussion period of one month, unless the employee agrees to a lesser period, the CEO will not: (a) Invite the employee to accept an offer of voluntary retrenchment; or (b) Advise that employee in writing that they are excess. 57.8 23.4 The CEO Clerk may, prior to the conclusion of these discussions, invite employees who are not potentially excess to express an interest in voluntary retrenchment, where the retrenchment of those retrenchments employees would permit the redeployment of the employees who are potentially excess. . 23.5 The CEO Clerk will not advise an employee they immediately advise, in writing, those employees who are excess until to the department’s requirements: a. after the discussions referred to in clause 57.5 23.3 have occurredbeen held; or b. where the employee has been given reasonable opportunity and has declined to discuss the matter, one month after the Clerk had advised the employee under clause 23.3.