Involuntary Retrenchment. At the end of the retention period, the Inspector-General, subject to redeployment, may involuntarily retrench the excess employee under section 29 of the Public Service Act 1999 on the grounds that the employee is excess to requirements. An employee who is involuntarily retrenched under either clause 39 or clause 41 of this Attachment is entitled to receive a sum equal to the number of weeks’ salary for each completed year of continuous service in accordance with table at section 119(2) of the Fair Work Act 2009. An excess employee will not be retrenched involuntarily where: the employee has not been invited to accept an offer of voluntary retrenchment; the employee has elected to be retrenched, but the Inspector-General has refused approval; the employee has not been given 4 weeks’ notice of termination of employment (or 5 weeks’ notice for an employee over 45 years of age with at least 5 years continuous service), or payment in lieu of notice; there remain employees who have elected voluntary retrenchment, been refused, and still wish voluntary retrenchment in the situation where a redundancy situation affects a number of employees engaged in the same work at the same level and location and the employees have been invited to retire; or the employee has not consented and a vacancy exists in OIGIS that would permit the retention in employment of the employee (in such cases the employee would have preference in employment before an employee who is not engaged by OIGIS). An excess employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment where these are not met by the prospective employer and will be entitled to reasonable leave with full pay to attend necessary employment interviews.
Involuntary Retrenchment. 8.1 Where an employee refuses a management initiated redeployment decision made in accordance with this agreement, the employee may be retrenched involuntarily after a period of two weeks from the advice of the management initiated transfer.
8.2 Where it has not been possible to identify suitable redeployment after a three month investigation and no prospect of such redeployment is identifiable, the employee may be retrenched involuntarily after a period of two weeks following advice to the employee and concurrent advice to the relevant union. Payment of four weeks wages will be made in lieu of notice plus the other retrenchment payments provided for in this agreement.
8.3 A retrenchment under Clause 8.2 can be effected only where the General Manager, or the Group Manager, Human Resources in respect of Headquarters staff, certifies that:-
Involuntary Retrenchment. Subject to sub-clauses J1.22 to J1.30, the Chief Executive, under section 29 of the Public Service Act may terminate the employment of an excess employee who has not agreed to voluntary retrenchment and has not been redeployed on an ongoing basis. The Chief Executive will not terminate the employment of an excess employee if he or she has not been invited to accept an offer of voluntary retrenchment or has elected to accept an offer of voluntary retrenchment but the Chief Executive has refused to approve it. Where an excess employee does not accept an offer of voluntary retrenchment or the accelerated separation option within four (4) weeks of the offer being made, the following arrangements will apply.
Involuntary Retrenchment. 66.1 Subject to clauses 66.2 and 66.3 the secretary may terminate an excess employee’s employment under section 29 of the PS Act at the end of the retention period.
66.2 As an excess employee, you will not be involuntarily retrenched if you have:
(a) not been invited to accept an offer of voluntary retrenchment; or
(b) accepted an offer of voluntary retrenchment but the secretary has refused to approve it.
66.3 As an excess employee, you will not be involuntarily retrenched without being given four weeks’ notice (or five weeks’ notice if you are over 45 years of age with at least five years of continuous service or if you have 20 years or more service) of termination, or payment in lieu of notice. The applicable period of notice, as far as practicable, will be concurrent with the retention period.
66.4 The secretary will not involuntarily retrench you, as an excess employee, where there is another employee doing the same work at the same level as you, who is seeking voluntary retrenchment and who can demonstrate the same level of performance and expertise as the employee who is seeking voluntary retrenchment.
Involuntary Retrenchment. At the end of the retention period, the Secretary, subject to redeployment, may involuntarily retrench the excess employee under section 29 of the Public Service Act.
Involuntary Retrenchment. Where an employee refuses a management initiated redeployment decision made in accordance with this agreement, the employee may be retrenched involuntarily after a period of two weeks from the advice of the management initiated transfer.
Involuntary Retrenchment. Subject to Clause 123.2 and Clause 123.3 the Secretary may terminate an excess employee’s employment under section 29 of the Public Service Act 1999 at the end of the retention period. An excess employee will not be retired involuntarily if the employee has not been invited to accept an offer of voluntary retrenchment or has elected to be retired but the Secretary has refused to approve it. An excess employee will not be retired involuntarily without being given four weeks’ notice (or five weeks’ notice for an employee over 45 years of age with at least five years of continuous service or any employee with 20 years or more service) of termination, or payment in lieu of notice. The specified periods of notice, as far as practicable, will be concurrent with the retention periods. The Secretary will not involuntarily retrench an excess employee where there is another employee doing the same work at the same level who is seeking voluntary retrenchment and the excess employee can demonstrate the same level of performance and expertise as the employee who is seeking voluntary retrenchment. The department may directly offer an employee Accelerated Separation under this clause where the department considers that employee to be excess to core staffing numbers. If requested by the employee, notification of the Accelerated Separation offer will be forwarded to the employee’s nominated representative. An employee who elects to accept an offer under Clause 124.1 and who is consequently retrenched from the APS within 14 days of the date of the offer will, in addition to the payment of an amount calculated in accordance with Clause 120, receive an amount equivalent to 11 weeks’ final salary if they are 45 years of age or over and have at least five years continuous service, or an amount equivalent to 10 weeks’ final salary if they are not over 45 years of age with at least five years continuous service. To allow an employee to make an informed decision the offer will contain details of the sums of money the employee would receive by way of severance pay including taxation treatment and paid up leave credits. The employer will also assist the employee in obtaining information regarding the amount of accumulated superannuation contributions and options open to the employee concerning superannuation from the relevant superannuation scheme. The payment made under Clause 124.2 is inclusive of any award or statutory entitlements to payment in lieu of notice of termination. Whe...
Involuntary Retrenchment. At the end of the retention period, the Agency Head may make the excess employee involuntarily redundant under section 29 of the Public Service Act 1999.
Involuntary Retrenchment. 79.1.1 The Director may terminate the employment of an excess staff member under s.29 of the Public Service Act 1999 at the end of the retention period.
79.1.2 An excess staff member will not be terminated under s.29 of the Public Service Act 1999 if the staff member has not been invited to accept an offer of voluntary retrenchment or has elected to accept voluntary retrenchment but the Director has refused to approve it.
79.1.3 An excess staff member will not be terminated under s.29 of the Public Service Act 1999 without being given four weeks’ notice (or five weeks notice for a staff member over 45 with at least five years’ continuous service), or payment in lieu of notice. As far as practicable this period of notice will be concurrent with the retention period.
79.1.4 Nothing in these provisions will prevent the reduction in classification of a staff member as a result of action under the Public Service Act 1999.
Involuntary Retrenchment. 10.6.1. The Mint will retain access to involuntary retrenchment arrangements and entitlements for employees covering redeployment, retirement and redundancy.
10.6.2. An excess employee’s employment will not be involuntarily terminated if the employee has not been invited to elect to be retrenched or has elected to be retrenched but the chief executive officer refuses to approve it.
