Common use of Redundancy benefit Clause in Contracts

Redundancy benefit. K22 An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the Agency Head (delegate) under section 29 of the Public Service Act 1999 on the grounds that he/she is excess to the requirements of OPH is entitled to payment of a redundancy benefit of an amount equal to two (2) 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 National Employment Standards. K23 The minimum sum payable will be four weeks salary and the maximum will be 48 weeks salary. K24 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 full-time service, subject to any minimum amount the employee is entitled to under the National Employment Standards. Service for Severance Pay Purposes K25 Service for severance pay purposes means: service in OPH 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 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 service in another agency, where the employee was moved from the APS to that agency with a transfer of function; or an employee engaged by that 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 K26 For earlier periods of service to count there must be no breaks between the periods of service, except where: the break in service was less than one month and occurred where an offer of employment in relation to the second period of service was made and accepted by the employee before the first period of service ended (whether or not the two periods of service are with the 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service was with the APS and ceased because the employee was deemed to have resigned from the APS on marriage under the repealed section 49 of the Public Service Act 1922 | K27 Any period of service which was terminated by way of: an employee being excess to requirements an employee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 subsection 22(6) of the Public Service Act 1999 breach of the APS Code of Conduct 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 with the payment of an employer-financed retirement 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 not count as service for severance pay purposes.

Redundancy benefit. K22 An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the Agency Head (delegate) CEO under section 29 s.29 of the Public Service PS Act 1999 on the grounds that he/she is excess to the requirements of OPH the agency, is entitled to payment of a redundancy benefit of an amount equal to two (2) 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 National Employment StandardsNES. K23 The minimum sum payable will be four weeks 4 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 full-time service, subject to any minimum amount the employee is entitled to under the National Employment StandardsNES. Service For the purposes of calculating severance pay, ‘salary’ will include: the employee’s full-time salary, adjusted on a pro rata basis for Severance Pay Purposes K25 any period of service where an employee has worked part-time hours and 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 not be a reimbursement 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. Defined APS service Service for severance pay benefit purposes means: service in OPH government AUSTRAC 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 Joint Commonwealth-state State body corporate in which the Commonwealth does not have a controlling interest) which is recognised for Long Service Leave long service leave purposes service with the Australian Defence 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 agency, organisation where the employee was moved re-assigned from the APS to that agency organisation with a transfer of function; function or an employee engaged by that agency 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 K26 long service leave purposes. For earlier periods of service to count there they must be no breaks between the periods of servicecontinuous, except where: the break in service was is less than one month and occurred where an offer of employment in relation to the second period of service was made and accepted by the employee before the first period of service ended (whether or not the two periods of service are ceasing with the same employer preceding 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 terminated under the repealed section 49 (Marriage Bar) of the Public Service Act 1922 | K27 1922. Any period of service which was terminated by way ofceased: an through termination on the following grounds, or on a ground equivalent to any of the following grounds: the employee being excess to requirements an employee lacking lacks, or losing 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 non-performance or unsatisfactory performance of duties failure to satisfactorily complete an entry-entry level training course failure to meet a condition imposed under subsection 22(6) of the Public Service Act 1999 PS Act, or a breach of the APS Code of Conduct 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, payment or with the payment of an employer-employer financed retirement benefit will not count as service for severance pay purposes K28 Absences from workbenefit, which do not count as service for Long Service Leave purposes will not count as service for severance pay purposes. Absences that do not count as service for long service leave purposes will not count as service for severance benefit purposes.

Redundancy benefit. K22 An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the Agency Head (delegate) under section 29 s.29 of the Public Service PS Act 1999 on the grounds that he/she is excess to the requirements of OPH the agency, is entitled to to: payment of a redundancy benefit of an amount equal to two ([2) ] 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 National Employment StandardsNES. K23 The minimum sum payable will be four weeks [4] 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 years’ full-time service, subject to any minimum amount the employee is entitled to under the National Employment StandardsNES. Calculating redundancy payments Redundancy payments will be calculated on: the employee’s salary on the date of termination; higher duties allowance where the employee has received the allowance for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination of employment; and allowances in the nature of salary which are paid during periods of annual leave and on a regular basis, excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities associated with the performance of duty. Service for Severance Pay Purposes K25 Service for severance pay the purposes of calculating redundancy payments means: service in OPH government the NBA; 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 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 Force; APS service immediately preceding deemed resignation (as defined), if the service has not previously been recognised for redundancy pay purposes; and service in another agency, organisation where the employee was moved transferred from the APS to that agency organisation with a transfer of function; function or an the employee engaged by that agency 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 long service leave purposes. Periods of service that will not count as service for redundancy pay purposes K26 are any periods of service that ceased by way of: termination under s.29 of the PS Act; prior to the commencement of the PS Act, by way of redundancy; 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; voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of an employer-financed retirement benefit. For earlier periods of service to count count, there must be no breaks between the periods of service, except where: where the break in service was is less than one [1] month and occurred occurs where an the offer of employment in relation to the second period of service was made and accepted by the employee before the first period of service ended (whether or not the two [2] periods of service are were with the same employer agency 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 | K27 Any period of service which was terminated by way of: 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 subsection 22(6) of the Public Service Act 1999 breach of the APS Code of Conduct 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 with the payment of an employer-financed retirement benefit will not count as service for severance pay purposes K28 ). Absences from work, work which do not count as service for Long Service Leave purposes any purpose will not count as service for severance redundancy pay purposes.

Redundancy benefit. K22 An employee who elects for retrenchment redundancy with a redundancy benefit and whose employment is terminated by the Agency Head (delegate) CEO under section 29 of the Public Service Act 1999 PSA on the grounds that he/she is they are excess to the requirements of OPH requirements, is entitled to payment of a redundancy benefit of an amount equal to two (2) weeks’ 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 National Employment StandardsNES. K23 The minimum sum payable payment will be four weeks salary and the maximum will be 48 weeks salary. K24 The redundancy benefit will be calculated on a 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 full-time service, subject to any minimum amount the employee is you are entitled to under the National Employment StandardsNES. Service For the purposes of calculating any payment, salary will include: your salary at your ongoing classification; HDA payments where you have been receiving HDA continuously for Severance Pay Purposes K25 Service a period of at least 12 months immediately preceding 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 severance expenses incurred. Calculating service for redundancy pay purposes meansIn calculating a redundancy benefit, service that will count is: service in OPH government service an APS Agency; Government Service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976 LSL Act; service with the Commonwealth (Commonwealth, which is recognised for long service leave purposes, other than service with a joint Joint Commonwealth-state State body or 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 ADF; service in another agency, where the employee was moved organisation where: you were transferred from the APS to that agency organisation with a transfer of function; or an employee you were engaged by that agency 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 K26 long service leave purposes. For earlier periods of service to count there must be no breaks between the periods of service, except where: where the break in service was is less than one month four weeks and occurred occurs where an offer of employment in relation to with the second period of service new employer was made and accepted by the employee you before the first period of service ended (whether or not the two periods of service are ceasing employment with the same employer or agency) preceding employer. 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 1922 | K27 Any period regulations); on a ground equivalent to any of service which was terminated by way of: 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 subsection 22(6) of the Public Service Act 1999 breach of the APS Code of Conduct these grounds in subclause 11.24.a; through voluntary retirement at or above the minimum retiring age applicable to the employee, you; or with the payment of a redundancy benefit or similar payment, payment or with the payment of an employer-financed retirement benefit will not count as service for severance pay purposes K28 benefit. Absences from work, which work that do not count as service for Long Service Leave long service leave purposes will not count as service in calculating a redundancy benefit. Period of notice Where an excess employee’s employment is to be terminated under section 29 of the PSA by accepting a voluntary redundancy 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. If you request, and the CEO agrees, that your employment be terminated within this notice period, you will be paid compensation for severance 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. The CEO will approve reasonable time off with full pay purposes.for 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 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)