Common use of Redundancy benefit Clause in Contracts

Redundancy benefit. An employee who accepts an offer of voluntary redundancy and whose employment is terminated by the Commissioner under s 29 of the PS Act on the grounds that he/she is excess to requirements, is entitled to payment of a redundancy benefit of an amount equal of two weeks’ salary for each completed year of continuous 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 NES. The minimum payment will be 4 weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime service, subject to any minimum amount the employee is entitled to under the NES. For the purposes of calculating any payment, salary will include: the employee's salary at their ongoing (substantive) classification; higher duties allowance where the employee has been receiving higher duties allowance continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; and an allowance that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty. For the purpose of calculating an employee's redundancy benefit, service means: service in the Commission; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; and service in another organisation where: an employee was transferred from the APS to that organisation to give effect to an administrative re-arrangement; 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. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 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. Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer financed retirement benefit. Employees over 45 years of age with at least 5 years continuous service will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner agrees, that their employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expenses.

Appears in 4 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner Secretary under s section 29 of the PS Public Service Act 1999 on the grounds that he/she is they are excess to requirements, is entitled to payment of a redundancy benefit of an amount equal of two weeks’ salary for each completed year of continuous 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 NESNational Employment Standards. The minimum payment will be 4 four weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her their period of service and the employee has less than 24 years fulltime service, subject to any minimum amount the employee is entitled to under the NESNational Employment Standards. For the purposes of calculating any payment, salary will include: the employee's salary at their ongoing (substantivenominal) classification; higher duties temporary performance allowance payments where the employee has been receiving higher duties temporary performance allowance continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; and an allowance that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty. Calculating service for redundancy pay purposes For the purpose of calculating an employee's redundancy benefitpay entitlement (severance), service means: service in the Commissiondepartment; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; APS service immediately preceding deemed resignation under the repealed section 49 of the Public Service Act 1922 if the service has not previously been recognised for redundancy pay purposes; and service in another organisation where: an employee was transferred from the APS Australian Public Service to that organisation to give effect to an administrative re-arrangement; 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 APSAustralian Public Service, and such service is recognised for long service leave purposes. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 the earlier period of service was with the APS Australian Public Service and ceased because the employee was deemed to have resigned from the APS Australian Public Service on marriage under the repealed section 49 of the Public Service Act 1922. Service not to count as service for redundancy pay purposes Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS ActPublic Service Act 1999; or prior to the commencement of the PS ActPublic Service Act 1999, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer employer-financed retirement benefit. Period of notice – termination with a voluntary redundancy Employees over 45 years of age with at least 5 two years continuous service will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner Secretary agrees, that their employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner Secretary will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner Secretary xxxx xxxxxxxxx agreed reasonable travel and incidental expenses. INVOLUNTARY REDUNDANCY, RETENTION, REDEPLOYMENT AND REDUCTION Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where the employee has 20 or more years of service or is over 45 years of age; or seven months for all other employees. If an employee is entitled to a redundancy payment under the National Employment Standards, the retention period at clause 9.30 will be reduced by the number of weeks redundancy pay that the employee will be entitled to under the National Employment Standards on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the Secretary deems an extension as a result of a period of leave taken to be reasonable. Where the Secretary is satisfied that there is insufficient productive work available for the employee during the remainder of the retention period and that there are no reasonable redeployment prospects in the Australian Public Service: the Secretary can terminate the employee’s employment under section 29 of the Public Service Act 1999; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the National Employment Standards under clause 9.31) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s National Employment Standards entitlement to redundancy pay. Redeployment Employees on a retention period will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the department. During the retention period, the Secretary: will take all reasonable steps to find alternative employment for the excess employee; and/or may reduce the excess employee's classification with the appropriate notice in order to secure them alternative employment, subject to the conditions set out in clauses 9.38 and 9.39 below. During the retention period the employee will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the Secretary proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years’ continuous service, will be given five weeks’ notice. If reduction occurs before the end of the retention period, the employee will receive payments to maintain the employee’s salary level for the balance of the retention period. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the Public Service Act 1999 at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least two years’ continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If an employee’s employment is terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner Secretary under s section 29 of the PS Public Service Act 1999 on the grounds that he/he or she is excess to requirementsthe requirements of the department, is entitled to payment of a redundancy benefit of an amount equal of to two weeks’ salary for each completed year of continuous service, plus a pro pro-rata payment amount for completed months of service since the last completed year of service, subject to any minimum amount the employee is entitled to under the NESNational Employment Standards. The minimum payment sum payable under this clause J.6 will be 4 four weeks’ salary salary, and the maximum sum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime servicefull time service (refer to subclause J.7.2), subject to any minimum amount the employee is entitled to under the NESNational Employment Standards. Rate of payment for redundancy benefit For the purposes of calculating any paymentpayment for a redundancy benefit, salary will include: the employee's ’s salary at their ongoing substantive (substantiveongoing) classification; the employee’s salary at a temporary higher duties allowance classification, where the employee has been receiving working at the higher duties allowance continuously level for a continuous period of at least 12 months immediately preceding the employee’s notification date on which the employee is given notice of termination dateof employment; and an allowance that has been other allowances in the nature of salary which are paid during periods of annual leave and on a regular basis and is not basis, excluding allowances which are a reimbursement for expenses incurred incurred, or a payment for disabilities associated with the performance of a duty. For the purpose an office disturbance allowance under clause D.9 of calculating an employee's redundancy benefit, service means: service in the Commission; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forcesthis Agreement; and service in another organisation where: shift penalties, where applicable. Where an employee was transferred from the APS to that organisation to give effect to an administrative rehas worked part-arrangement; time hours during his 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. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 the earlier her period of service was with the APS and ceased because the employee was deemed has less than 24 years full time service, the two weeks per year of service that relates to have resigned from that part-time service will be paid on a pro rata basis as follows: Current annual full-time equivalent salary (as used for redundancy pay purposes), divided by full time hours, multiplied by the APS on marriage part-time hours for that part-time period worked. Notice of termination Where the employment of an excess employee is to be terminated under the repealed section 49 29 of the Public Service Act 1922. Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement 1999 on the grounds that he or she is excess to requirements, the Secretary will give written notice of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment four weeks (or five weeks for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer financed retirement benefit. Employees employee who is over 45 years of age with at least 5 five years of continuous service will be given five weeks’ noticeservice). All other employees will be given four weeks’ notice. If Where an employee requestsemployee’s employment is terminated at the beginning of, and or within, the Commissioner agrees, that their employment be terminated within this notice period, they the employee will be paid compensation receive payment in lieu of notice for the unexpired portion of the notice period equal period. Note: an employee’s entitlement to notice under this clause J.8 replaces any entitlement the hours they employee would have worked during the notice period had their employment not been terminated. The Commissioner will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start under clause H.20 of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expensesthis Agreement.

Appears in 1 contract

Samples: Department of Human Services Agreement

Redundancy benefit. An employee who accepts an offer of voluntary elects for redundancy with a redundancy benefit and whose employment is terminated by the Commissioner CEO under s section 29 of the PS Act PSA on the grounds that he/she is they are excess to requirements, is entitled to payment of a redundancy benefit of an amount equal of to two weeks’ weeks salary for each completed year of continuous service, plus a pro 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 NES. The minimum payment will be 4 weeks’ four weeks salary and the maximum will be 48 weeks’ weeks salary. The redundancy benefit will be calculated on a pro pro-rata basis for any period where an employee has you have worked part-time hours during his or her your period of service and the employee has you have less than 24 years fulltime full-time service, subject to any minimum amount the employee is you are entitled to under the NES. For the purposes of calculating any payment, salary will include: the employee's your salary at their your ongoing (substantive) classification; higher duties allowance HDA payments where the employee has you have been receiving higher duties allowance HDA continuously for a period of at least 12 months immediately preceding the employee’s your notification of termination date; and an allowance in the nature of salary, where that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or incurred. Calculating service for redundancy pay purposes In calculating a payment for disabilities associated with the performance of a duty. For the purpose of calculating an employee's redundancy benefit, service meansthat will count is: service in the Commissionan APS Agency; Government service Service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976LSL Act; service with the Commonwealth (Commonwealth, which is recognised for long service leave purposes, other than service with a joint Joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence ForcesADF; and service in another organisation where: an employee was you were transferred from the APS to that organisation to give effect to an administrative re-arrangementwith a transfer of function; or an employee you were engaged by that organisation on work within a function is appointed and subsequently engaged as an APS employee as a result of the transfer of that function to the APS, ; and such service function is recognised for long service leave purposes. For earlier periods of service as defined above to count there must be no breaks between the periods of service, except where: where the break in service is less than 1 month four weeks and occurs where an offer of employment with the new employer was made and accepted by the employee you before ceasing employment with the preceding employer; or . In calculating a redundancy benefit, service will not count if it ceased: on any of the earlier period grounds for termination specified in section 29 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 PSA (including any additional grounds prescribed in the Public Service Act 1922regulations); on a ground equivalent to any of these grounds in subclause 11.24.a; through voluntary retirement at or above the minimum retiring age applicable to you; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit. Absences from duty which work that do not count as service for long service leave purposes will not count as service for in calculating a redundancy pay purposesbenefit. Periods Period of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination notice Where an excess employee’s employment is to be terminated under section 29 of the PS Act; or prior to the commencement of the PS Act, PSA by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or accepting a voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer financed retirement benefitthey will be given four weeks’ notice. Employees over 45 years of age with at least 5 five years continuous service will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requestsyou request, and the Commissioner CEO agrees, that their your employment be terminated within this notice period, they you will be paid compensation for the unexpired portion of the notice period equal to the hours they you would have worked during the notice period had their your employment not been terminated. The Commissioner CEO will approve reasonable time off with full pay for the employee you to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx CEO will reimburse agreed reasonable travel and incidental expenses.. Involuntary redundancy provisions Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where you have 20 or more years of service or are over 45 years of age; or seven months for all other employees. If you are entitled to a redundancy payment under the NES, the retention period at clause 11.29 will be reduced by the number of weeks redundancy pay that you will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the CEO deems an extension as a result of a period of leave taken to be reasonable. Where the CEO is satisfied that there is insufficient productive work available for you during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the CEO may terminate your employment under section 29 of the PSA; and upon termination, you will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under sub-clause) and this payment will be taken to include the payment in lieu of notice of termination of employment; plus your NES entitlement to redundancy pay. Redeployment Employees on retention will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the NDIA. During the retention period, the CEO: will take all reasonable steps to find alternative employment for you; and/or may reduce your classification with the appropriate notice in order to secure you alternative employment, subject to the conditions set out in clauses 11.37 and 11.38 below. During the retention period you will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the CEO proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years continuous service, will be given five weeks’ notice. If classification reduction occurs before the end of the retention period, you will receive payments to maintain your salary level for the balance of the retention period. The CEO may choose to apply this provision where the reduction is to a lower level classification and salary in another Agency where you are employed under the PSA. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the PSA at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If you are terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. Definitions In this Agreement the following definitions apply: ACN Agency Consultative Network – a network established to have open and direct consultation regarding workplace matters ADF Australian Defence Force Agency National Disability Insurance Agency (also referred to as the NDIA) Agreement National Disability Insurance Agency Enterprise Agreement 2020-2023 APS Australian Public Service ARIA Accessibility/Remoteness Index of Australia – a tool used to define the remoteness of locations Casual employee an employee who is engaged on an irregular or intermittent basis under section 22(2)(c) of the PS Act CEO Chief Executive Officer - the person for the time being performing the duties of CEO of the NDIA or their delegate CFTS Continuous Full Time Service – a type of Reserve employment in the ADF CPI Consumer Price Index – a general economic indicator of price changes in relation to goods and services CSS Commonwealth Superannuation Scheme - a superannuation scheme that closed to new members from 1 July 1990 Delegate a person authorised by the CEO to be a delegate of the CEO under the terms of this Agreement Dependant unless defined elsewhere means a spouse/partner of the employee or a child or parent of the employee or a member of the employee’s household who is wholly or substantially dependent upon the employee Employee a person employed by the NDIA under the PS Act, whether full-time or part-time, in an ongoing, non-ongoing or intermittent capacity ETT Excess Travel Time – relates to an allowance where the NDIA initiates a change to the employee’s primary place of work and additional time is necessarily spent on travel Executive Level employee (EL) Executive Level 1 (EL1) or Executive Level 2 (EL2) employees and their equivalent Employee representative any person whom the employee(s) nominates or elects to represent and/or act on their behalf. This may include providers, support workers of employees with disability, workplace delegates and other employees Family or Immediate Family the definition of immediate family under the FWA and traditional kinship relationships Flextime the provision to work shorter or longer hours than your normal work pattern FWA Fair Work Act 2009 – the legislative framework that provides a workplace relations system and laws for all Australian workplaces FWC Fair Work Commission - Australia's national workplace relations tribunal GST Goods and Services Tax - a broad-based tax of 10 per cent on most goods, services and other items sold or consumed in Australia HDA Higher Duties Allowance - paid where an employee is temporarily assigned to perform all duties at a higher classification IFA Individual Flexibility Arrangement - an arrangement requested by the employee and agreed by the NDIA that varies the effect of certain conditions of the EA Location area within a particular region (for example, within a reasonable distance in a geographical area) LSL Act Long Service Leave (Commonwealth Employees) Act 1976 Manager the person to whom you generally report on a day to day basis for work related matters, and may include a person referred to as a supervisor Mature Age refers to anyone over the age of 45, as defined by the Australian Bureau of Statistics ML Act Maternity Leave (Commonwealth Employees) Act 1973 NAIDOC National Aborigines and Islanders Day Observance Committee – responsible for increasing awareness in the wider community of Aboriginal and Xxxxxx Xxxxxx Islander cultures NDIA National Disability Insurance Agency (also known as the Agency)

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner CEO under s 29 s.29 of the PS Act on the grounds that he/she is excess to requirementsthe requirements of the agency, is entitled to payment of a redundancy benefit of an amount equal of to two weeks’ salary for each completed year of continuous service, plus a pro 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 NES. The minimum payment sum payable will be 4 weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime full-time service, subject to any minimum amount the employee is entitled to under the NES. For the purposes of calculating any paymentseverance pay, salary ‘salary’ will include: the employee's salary at their ongoing (substantive) classification; higher duties allowance ’s full-time salary, adjusted on a pro rata basis for any period of service where the an employee has been receiving higher duties allowance continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; worked part-time hours and an allowance that employee has less than 24 years full-time service allowances which have been paid during periods of annual leave and on a regular basis and is not be a reimbursement for of expenses incurred or a payment for disabilities associated with the performance of a duty, and additional payments for the performance of a temporary role through a reassignment of duties, where the employee has been performing duties at the higher work value level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination. For the purpose of calculating an employee's redundancy benefit, service Service for severance benefit purposes means: service in the Commission; AUSTRAC Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; 1976 service with the Commonwealth (other than service with a joint Joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; purposes service with the Australian Defence Forces; Forces APS service immediately preceding deemed resignation under the repealed section 49 (Marriage Bar) of the Public Service Act 1922, if the service has not previously been recognised for severance pay purposes, and service in another organisation where: an where the employee was transferred re-assigned from the APS to that organisation to give effect to an administrative re-arrangement; 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, APS and such service is recognised for long service leave purposes. For earlier periods of service as defined above to count there they must be no breaks between the periods continuous, except where: the break in service is less than 1 one month and occurs occurred where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer; , or the earlier period of service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage terminated under the repealed section 49 (Marriage Bar) of the Public Service Act 1922. Any period of service which ceased: through termination on the following grounds, or on a ground equivalent to any of the following grounds: the employee lacks, or has lost, an essential qualification for performing his or her duties non-performance, or unsatisfactory performance, of duties inability to perform duties because of physical or mental incapacity failure to satisfactorily complete an entry level training course failure to meet a condition imposed under subsection 22(6) of the PS Act, or a breach of the APS Code of Conduct. on a ground equivalent to a ground listed in subparagraph (a) above under the repealed PS Act, or through voluntary retirement at or above the minimum retiring age applicable to the employee, or with the payment of a redundancy benefit or similar payment or an employer financed retirement benefit, will not count as service for severance pay purposes. Absences from duty which that do not count as service for long service leave purposes will not count as service for redundancy pay severance benefit purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer financed retirement benefit. Employees over 45 years of age with at least 5 years continuous service will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner agrees, that their employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expenses.

Appears in 1 contract

Samples: Employment Agreement

Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner Secretary under s 29 s.29 of the PS Act on the grounds that he/she is excess to requirements, is entitled to payment of a redundancy benefit of an amount equal of two weeks’ salary for each completed year of continuous 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 NES. The minimum payment will be 4 four weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime service, subject to any minimum amount the employee is entitled to under the NES. For the purposes of calculating any payment, salary will include: the employee's salary at their ongoing (substantive) classification; higher duties temporary performance allowance payments (TPA) where the employee has been receiving higher duties allowance TPA continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; and an allowance that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty. Calculating service for redundancy pay purposes For the purpose of calculating an employee's redundancy benefitpay entitlement (severance), service means: service in the CommissionDSS; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; APS service immediately preceding deemed resignation under the repealed section 49 of the Public Service Act 1922 if the service has not previously been recognised for redundancy pay purposes; and service in another organisation where: an employee was transferred from the APS to that organisation to give effect to an administrative re-arrangement; 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. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 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. 1922 Service not to count as service for redundancy pay purposes Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer employer-financed retirement benefit. Period of notice – termination with a voluntary redundancy Employees over 45 years of age with at least 5 five years continuous service will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner Secretary agrees, that their employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner Secretary will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner Secretary xxxx xxxxxxxxx agreed reasonable travel and incidental expenses. INVOLUNTARY REDUNDANCY, RETENTION, REDEPLOYMENT AND REDUCTION Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where the employee has 20 or more years of service or is over 45 years of age; or seven months for all other employees. If an employee is entitled to a redundancy payment under the NES, the retention period at clause 9.30 will be reduced by the number of weeks redundancy pay that the employee will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the Secretary deems an extension as a result of a period of leave taken to be reasonable. Where the Secretary is satisfied that there is insufficient productive work available for the employee during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the Secretary can terminate the employee’s employment under s.29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under clause 9.31) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Redeployment Employees on a retention period will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within DSS. During the retention period, the Secretary: will take all reasonable steps to find alternative employment for the excess employee; and/or may reduce the excess employee's classification with the appropriate notice in order to secure them alternative employment, subject to the conditions set out in clauses 9.38 and 9.39 below. During the retention period the employee will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the Secretary proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years’ continuous service, will be given five weeks’ notice. If reduction occurs before the end of the retention period, the employee will receive payments to maintain the employee’s salary level for the balance of the retention period. Period of notice – termination of the retention period An excess employee’s employment will be terminated under s.29 of the PS Act at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years’ continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If an employee’s employment is terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated.

Appears in 1 contract

Samples: Enterprise Agreement

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Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner under s 29 s.29 of the PS Act on the grounds that he/she is excess to requirements, is entitled to payment of a redundancy benefit of an amount equal of two weeks’ salary for each completed year of continuous 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 NES. The minimum payment will be 4 weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime service, subject to any minimum amount the employee is entitled to under the NES. For the purposes of calculating any payment, salary will include: the employee's salary at their ongoing (substantive) classification; higher duties allowance payments (HDA) where the employee has been receiving higher duties allowance HDA continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; and an allowance that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty. Calculating service for redundancy pay purposes For the purpose of calculating an employee's redundancy benefitpay entitlement (severance), service means: service in the Commission; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence Forces; and service in another organisation where: an employee was transferred from the APS to that organisation to give effect to an administrative re-arrangement; 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. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 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. Service not to count as service for redundancy pay purposes Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are periods of service that ceased by way of: termination under section 29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer employer-financed retirement benefit. Period of notice – termination with a voluntary redundancy Employees over 45 years of age with at least 5 years continuous service will be given five 5 weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner agrees, that their employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner will approve reasonable time off with full pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expenses. INVOLUNTARY REDUNDANCY, RETENTION, REDEPLOYMENT AND REDUCTION Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date 1 month after the employee received their offer of voluntary redundancy: 13 months where the employee has 20 or more years of service or is over 45 years of age; or 7 months for all other employees. If an employee is entitled to a redundancy payment under the NES, the retention period at clause 9.30 will be reduced by the number of weeks redundancy pay that the employee will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the Commissioner deems an extension as a result of a period of leave taken to be reasonable. Where the Commissioner is satisfied that there is insufficient productive work available for the employee during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the Commissioner can terminate the employee’s employment under s.29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under clause 9.31) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Redeployment Employees on a retention period will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the Commission. During the retention period, the Commissioner: will take all reasonable steps to find alternative employment for the excess employee; and/or may reduce the excess employee's classification with the appropriate notice in order to secure them alternative employment, subject to the conditions set out in clauses 9.38 and 9.39 below. During the retention period the employee will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the Commissioner proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given 4 weeks’ notice or, if over 45 years of age with at least 5 years’ continuous service, will be given 5 weeks’ notice. If reduction occurs before the end of the retention period, the employee will receive payments to maintain the employee’s salary level for the balance of the retention period. Period of notice – termination of the retention period An excess employee’s employment will be terminated under s.29 of the PS Act at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given 4 weeks’ notice. Employees over 45 years of age with at least 5 years’ continuous service will be given 5 weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If an employee’s employment is terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy benefit. K22 An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner Agency Head (delegate) under s section 29 of the PS Public Service Act 1999 on the grounds that he/she is excess to requirements, the requirements of OPH is entitled to payment of a redundancy benefit of an amount equal of to two (2) weeks’ salary for each completed year of continuous service, plus a pro 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 NESNational Employment Standards. K23 The minimum payment sum payable will be 4 weeks’ four weeks salary and the maximum will be 48 weeks’ weeks salary. K24 The redundancy benefit will be calculated on a pro pro-rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime full-time service, subject to any minimum amount the employee is entitled to under the NESNational Employment Standards. For the K25 Service for severance pay purposes of calculating any payment, salary will include: the employee's salary at their ongoing (substantive) classification; higher duties allowance where the employee has been receiving higher duties allowance continuously for a period of at least 12 months immediately preceding the employee’s notification of termination date; and an allowance that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty. For the purpose of calculating an employee's redundancy benefit, service means: service in the Commission; Government OPH government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; 1976 service with the Commonwealth (other than service with a joint Commonwealth-State body or a state body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; Long Service Leave purposes service with the Australian Defence Forces; and Forces service in another organisation where: an agency, where the employee was transferred moved from the APS to that organisation to give effect to an administrative re-arrangementagency with a transfer of function; or an employee engaged by that organisation agency 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. Long Service Leave purposes K26 For earlier periods of service as defined above to count there must be no breaks between the periods of service, except where: the break in service is was less than 1 one month and occurs occurred where an offer of employment with in relation to the new employer second period of service was made and accepted by the employee before ceasing employment the first period of service ended (whether or not the two periods of service are with the preceding employer; same employer or agency) 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. Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods 1922 | K27 Any period of service that will not count as service for redundancy pay purposes are periods of service that ceased which was terminated by way of: termination an employee being excess to requirements an employee lacking or losing an essential qualification physical or mental incapacity non-performance or unsatisfactory performance of duties failure to complete an entry-level training course failure to meet a condition imposed under section 29 subsection 22(6) of the PS Act; or prior to the commencement Public Service Act 1999 breach of the PS Act, by way APS Code of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; dismissal or termination of probationary appointment for reasons of unsatisfactory service; or Conduct voluntary retirement at or above the minimum retiring age applicable to the employee; , or with the payment of a redundancy benefit or a similar payment, or with the payment or of an employer employer-financed retirement benefit. Employees over 45 years of age with at least 5 years continuous benefit will not count as service for severance pay purposes K28 Absences from work, which do not count as service for Long Service Leave purposes will be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requests, and the Commissioner agrees, that their employment be terminated within this notice period, they will be paid compensation not count as service for the unexpired portion of the notice period equal to the hours they would have worked during the notice period had their employment not been terminated. The Commissioner will approve reasonable time off with full severance pay for the employee to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expensespurposes.

Appears in 1 contract

Samples: Enterprise Agreement

Redundancy benefit. An employee who accepts an offer of voluntary elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner Agency Head under s 29 s.29 of the PS Act on the grounds that he/she is excess to requirementsthe requirements of the agency, is entitled to to: payment of a redundancy benefit of an amount equal of to two [2] weeks’ salary for each completed year of continuous service, ; plus a pro 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 NES. The minimum payment sum payable will be 4 four [4] weeks’ salary and the maximum will be 48 weeks’ salary. The redundancy benefit will be calculated on a pro rata basis for any period where an employee has worked part-time hours during his or her period of service and the employee has less than 24 years fulltime years’ full-time service, subject to any minimum amount the employee is entitled to under the NES. For the purposes of calculating any payment, salary Redundancy payments will includebe calculated on: the employee's ’s salary at their ongoing (substantive) classificationon the date of termination; higher duties allowance where the employee has been receiving higher duties received the allowance continuously for a continuous period of at least 12 months immediately preceding the employee’s notification date on which the employee is given notice of termination dateof employment; and an allowance that has been allowances in the nature of salary which are paid during periods of annual leave and on a regular basis and is not basis, excluding allowances which are a reimbursement for expenses incurred incurred, or a payment for disabilities associated with the performance of a duty. For Service for the purpose purposes of calculating an employee's redundancy benefit, service payments means: service in the CommissionNBA; Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the Australian Defence ForcesForce; APS service immediately preceding deemed resignation (as defined), if the service has not previously been recognised for redundancy pay purposes; and service in another organisation where: an where the employee was transferred from the APS to that organisation to give effect to an administrative re-arrangement; with a transfer of function or an the employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to the APS, APS and such service is recognised for long service leave purposes. For earlier periods of service as defined above to count there must be no breaks between the periods except where: the break in service is less than 1 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 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. Absences from duty which do not count as service for long service leave purposes will not count as service for redundancy pay purposes. Periods of service that will not count as service for redundancy pay purposes are any periods of service that ceased by way of: termination under section 29 s.29 of the PS Act; or prior to the commencement of the PS Act, by way of redundancy; forfeiture of office, retirement on the grounds of invalidity, inefficiency or loss of qualifications; , forfeiture of office, dismissal or termination of probationary appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of a redundancy benefit or a similar payment or an employer employer-financed retirement benefit. Employees over 45 years For earlier periods of age with at least 5 years continuous service will to count, there must be given five weeks’ notice. All other employees will be given four weeks’ notice. If an employee requestsno breaks between the periods of service, except where the break in service is less than one [1] month and occurs where the Commissioner agrees, that their offer of employment be terminated within this notice period, they will be paid compensation for the unexpired portion of the notice period equal in relation to the hours they would have worked during the notice second period had their employment not been terminated. The Commissioner will approve reasonable time off with full pay for was made and accepted by the employee to attend necessary employment interviews before the first period of service ended (whether or not the two [2] periods of service were with same agency or employer). Absences from the start of the notice period. Where expenses to attend interviews are work which do not met by the prospective employer, the Commissioner xxxx xxxxxxxxx agreed reasonable travel and incidental expensescount as service for any purpose will not count as service for redundancy pay purposes.

Appears in 1 contract

Samples: Enterprise Agreement

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