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.
Appears in 1 contract
Samples: Enterprise Agreement
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’ weeks salary for each completed year of continuous service in accordance with table at section 119(2) of the Fair Work Act 2009Act. 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’ weeks notice of termination of employment (or 5 weeks’ weeks notice for an a 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. ATTACHMENT 4 - SCHEDULE 1: SUPPORTED WAGE SYSTEM 1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
Appears in 1 contract
Samples: Enterprise Agreement
Involuntary Retrenchment. At 8.1 Where an employee refuses a management initiated redeployment decision made in accordance with this agreement, the end employee may be retrenched involuntarily after a period of two weeks from the advice of the retention periodmanagement 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 Inspector-Generalemployee 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, subject to redeploymentor the Group Manager, may involuntarily retrench the excess employee under section 29 Human Resources in respect of Headquarters staff, certifies that:-
(i) a minimum 3 month investigation of suitable redeployment opportunities has proceeded across all designation categories of the Public Service Act 1999 on Corporation;
(ii) such investigation has failed to identify suitable opportunity, including through the grounds voluntary retrenchment of another employee; and
(iii) Australia Post has concluded that the employee is excess not capable of being redeployed or retrained to requirements. An employee who is involuntarily retrenched under either clause 39 or clause 41 any other position in the Corporation.
(a) While all action to identify suitable redeployment opportunities and to place surplus employees may be activated at the commencement of this Attachment is entitled agreement, there shall be no involuntary retrenchment under Clauses 8.2 and 8.3 before 10 February 1994.
(b) This moratorium on involuntary retrenchment does not apply to receive temporary part-time staff unless they have previously been given no retrenchment assurances.
8.5 Where, but for Australia Post's refusal to accept an application for voluntary retrenchment for another employee engaged in the same work, at the same level and in the same location, 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 surplus employee could have been placed, that employee will not be retrenched involuntarily.
8.6 Without in any way limiting any rights under the Australian Industrial Relations Act, an employee affected by a decision that he/she be involuntarily where: retrenched will be informed that he/she has a right to have the decision reviewed by a Board of Reference established under the Industrial Relations Act, subject to such application being made within a two week period from the date of notification of the decision.
8.7 The Board of Reference shall seek to resolve any such applications for review having regard to whether the action was harsh, unreasonable, unjust or unfair.
8.8 Where an employee has not been invited to accept an offer seeks review of voluntary retrenchment; the employee has elected to a decision that he/ she be involuntarily retrenched, but the Inspector-General has refused approval; Board of Reference will expeditiously hear 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)matter and recommend confirmation, or payment in lieu of notice; there remain employees who have elected voluntary retrenchment, been refused, and still wish voluntary retrenchment in if it finds that 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 management certifications have been invited to retire; or the employee has not consented and a vacancy exists in OIGIS that would permit the retention in employment inappropriately made, revocation of the employee (in such cases the employee would have preference in employment before an employee who is not engaged by OIGIS). decision.
8.9 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 involuntary retrenchment will be entitled to reasonable leave with full pay to attend necessary employment interviews.stayed pending the outcome of the Board's considerations. Enterprise Agreement 2013 69
Appears in 1 contract
Samples: Enterprise Agreement
Involuntary Retrenchment. At 8.1 Where an employee refuses a management initiated redeployment decision made in accordance with this agreement, the end employee may be retrenched involuntarily after a period of two weeks from the advice of the retention periodmanagement 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 Inspector-Generalemployee 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, subject to redeploymentor the Group Manager, may involuntarily retrench the excess employee under section 29 Human Resources in respect of Headquarters staff, certifies that:-
(i) a minimum 3 month investigation of suitable redeployment opportunities has proceeded across all designation categories of the Public Service Act 1999 on Corporation;
(ii) such investigation has failed to identify suitable opportunity, including through the grounds voluntary retrenchment of another employee; and
(iii) Australia Post has concluded that the employee is excess not capable of being redeployed or retrained
(iv) to requirements. An employee who is involuntarily retrenched under either clause 39 or clause 41 any other position in the Corporation.
(a) While all action to identify suitable redeployment opportunities and to place surplus employees may be activated at the commencement of this Attachment is entitled agreement, there shall be no involuntary retrenchment under Clauses 8.2 and 8.3 before 10 February 1994.
(b) This moratorium on involuntary retrenchment does not apply to receive temporary part-time staff unless they have previously been given no retrenchment assurances.
8.5 Where, but for Australia Post’s refusal to accept an application for voluntary retrenchment for another employee engaged in the same work, at the same level and in the same location, 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 surplus employee could have been placed, that employee will not be retrenched involuntarily.
8.6 Without in any way limiting any rights under the Australian Industrial Relations Act, an employee affected by a decision that he/she be involuntarily where: retrenched will be informed that he/she has a right to have the decision reviewed by a Board of Reference established under the Industrial Relations Act, subject to such application being made within a two week period from the date of notification of the decision.
8.7 The Board of Reference shall seek to resolve any such applications for review having regard to whether the action was harsh, unreasonable, unjust or unfair.
8.8 Where an employee has not been invited to accept an offer seeks review of voluntary retrenchment; the employee has elected to a decision that he/she be involuntarily retrenched, but the Inspector-General has refused approval; Board of Reference will expeditiously hear 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)matter and recommend confirmation, or payment in lieu of notice; there remain employees who have elected voluntary retrenchment, been refused, and still wish voluntary retrenchment in if it finds that 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 management certifications have been invited to retire; or the employee has not consented and a vacancy exists in OIGIS that would permit the retention in employment inappropriately made, revocation of the employee (in such cases the employee would have preference in employment before an employee who is not engaged by OIGIS). decision.
8.9 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 involuntary retrenchment will be entitled to reasonable leave with full pay to attend necessary employment interviewsstayed pending the outcome of the Board’s considerations.
Appears in 1 contract
Samples: Enterprise Agreement
Involuntary Retrenchment. At 8.1 Where an employee refuses a management initiated redeployment decision made in accordance with this agreement, the end employee may be retrenched involuntarily after a period of two weeks from the advice of the retention periodmanagement 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 Inspector-Generalemployee 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, subject to redeploymentor the Group Manager, may involuntarily retrench the excess employee under section 29 Human Resources in respect of Headquarters staff, certifies that:-
(i) a minimum 3 month investigation of suitable redeployment opportunities has proceeded across all designation categories of the Public Service Act 1999 on Corporation;
(ii) such investigation has failed to identify suitable opportunity, including through the grounds voluntary retrenchment of another employee; and
(iii) Australia Post has concluded that the employee is excess not capable of being redeployed or retrained to requirements. An employee who is involuntarily retrenched under either clause 39 or clause 41 any other position in the Corporation.
(a) While all action to identify suitable redeployment opportunities and to place surplus employees may be activated at the commencement 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 agreement, there shall 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 no involuntary 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.under Clauses 8.2 and
Appears in 1 contract
Samples: Fair Work Agreement
