Voluntary Retrenchment. D.4.1. Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment.
D.4.2. The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer.
D.4.3. Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years.
D.4.4. The surplus employee may be retrenched at any time within the period of notice under clause D.4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period.
D.4.5. A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks salary including, where applicable, Northern Territory allowance:
(a) For an employee with at least one year but less than two years service: four weeks salary;
(b) For an employee with at least two years but less than three years service: six weeks salary;
(c) For an employee with between three years and three and a half years service: seven weeks salary; and
(d) For an employee with greater than three and a half years service: two weeks salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks salary.
D.4.6. For the purpose of calculating payment under clause D.4.5:
(a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in the employee’s higher designation at the date of notification; and
(b) where an employee has been paid a loading (ie shiftwork payment) for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period shall be counted as part of “weeks salary”.
D.4.7. The inclusion of allowances or loadings as salary, other than those specified in clause D.4.6 will be at the discretion of the employer.
D.4.8. The entitlement under:
(a) clause D.4.3 constitutes notice for the purposes of section 117 of the FW Act; and
(b) clause...
Voluntary Retrenchment. 4.1. Where a surplus employee is unable to be placed in other suitable employment, the Employer may offer the employee a voluntary retrenchment.
4.2. The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer.
4.3. Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks’ notice from the date that the offer is accepted, or five weeks’ notice if the employee is over the age of 45 years.
4.4. The surplus employee may be retrenched at any time within the period of notice under clause 4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period.
4.5. A surplus employee retrenched in accordance with this clause is entitled to be paid a sum equal to the following weeks’ salary including, where applicable, Northern Territory allowance:
(a) For an employee with at least one year but less than two years’ service: four weeks’ salary;
(b) For an employee with at least two years but less than three years’ service: six weeks’ salary;
(c) For an employee with between three and three and a half (3.5) years’ service: seven weeks’ salary; and
(d) For an employee with greater than three and a half (3.5) years’ service: two weeks’ salary for each year of service plus a pro rata payment for the months of service completed since the last year of continuous service, provided that the maximum payable is 48 weeks’ salary.
4.6. For the purpose of calculating payment under clause 4.5:
(a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that he or she is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification; and
(b) where an employee has been paid a loading for shift work for 50 per cent or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will be counted as part of “weeks’ salary”.
4.7. The inclusion of allowances or loadings as salary, other than those specified in clause 4.6, will be at the discretion of the Employer.
4.8. The entitlement under:
(a) Clause 4.3 constitutes notice for the purposes of section 117 of the FW Act; and
(b) Clause 4.5 includes the employee...
Voluntary Retrenchment. 58.1 Where the CEO invites an excess employee to accept voluntary retrenchment, the employee will have one month to accept or reject the invitation. The CEO will not give notice of termination on the grounds that the employee is excess to requirements, before the end of that period or until such acceptance is received (where the acceptance is received before the end of that period).
Voluntary Retrenchment. Telstra may consider, but does not have to accept, applications for voluntary redundancy. You must tell Telstra if you want a voluntary redundancy no later than 7 days after you were originally told that you may be retrenched. Sometimes Telstra may need to close a site function and retrench all employees at that site. If Telstra needs to do this, Telstra will tell the employees working in the site function and the Telstra Union entitled to represent those employees about the proposed retrenchments, who is likely to be affected, when the retrenchments will occur and the reasons for them. Telstra will do this at least 6 weeks before the site function closes. If Telstra tells you that you have been selected for retrenchment or it has accepted your application for voluntary redundancy: your notice period will commence Telstra will provide you with your expected retrenchment date Telstra will place you into Telstra’s redeployment process for 4 weeks or, if it is a site function closure, for 6 weeks (see Redeployment below), and Telstra will give you an estimate of your redundancy entitlements and help you obtain an estimate of your superannuation benefits where possible. You will have 7 days to: confer with your union or other representative unless your redundancy is because of a site function closure, consider lodging an appeal against your redundancy (see Redundancy Appeals below). If Telstra is unable to redeploy you by the end of the redeployment period (and it is not extended by mutual agreement), Telstra will retrench you. Telstra will pay you: your retrenchment benefit (see Retrenchment Benefit below) any normal pay since your last pay day accrued but untaken annual leave accrued long service leave (provided you have at least 1 year’s continuous service), and pay in lieu of the balance (if any) of your notice period. Telstra may, at its discretion, allow you to leave before the end of your redeployment period (but no less than 1 week after you are told that you have been selected for retrenchment). Telstra will usually only allow this if it is satisfied that there are unlikely to be any reasonable redeployment opportunities for you or if there are other special circumstances – for example, if you have found a new job outside Telstra and
Voluntary Retrenchment. 58.1 Where the Secretary invites you as an excess employee to accept voluntary retrenchment, you will have one month in which to accept the offer.
58.2 Within that month you will be given:
(a) information on the amount of the severance benefit, payment in lieu of notice and payment of accrued leave credits;
(b) information on the taxation rules applying to the various payments;
(c) assistance in obtaining information concerning superannuation from the relevant superannuation scheme; and
(d) up to a maximum reimbursement of $700 for financial advice, subject to suitable evidence being provided.
58.3 If you accept an offer of voluntary retrenchment the Secretary will not terminate your employment under section 29 3) (a) of the PS Act before the end of the six month period, commencing on the date you were advised (in writing) that you were excess to requirements, unless otherwise agreed.
58.4 This period will include the period of notice provided for at Clause 59, as far as practicable.
58.5 Only one offer of voluntary retrenchment will be made to an excess employee.
58.6 If you are an excess employee and you decline an offer of voluntary retrenchment or you do not accept the offer within the one month period you will immediately be referred to an appropriate employment agency and the retention period clauses will apply (refer Clause 62).
Voluntary Retrenchment. (1) If an employee:
(a) is told under clause 5.04 that he or she is an excess employee; or
(b) expresses interest in voluntary retrenchment under subclause 5.04 (4); the Secretary may invite the employee to accept voluntary retrenchment.
(2) The Secretary may invite an employee mentioned in paragraph (1) (b) to accept voluntary retrenchment only if:
(a) an otherwise excess employee is redeployed to perform duties that would otherwise have been performed by the employee mentioned in paragraph (1) (b); and
(b) as a result, the employee mentioned in paragraph (1) (b) becomes an excess employee.
(3) If the Secretary invites an employee to accept voluntary retrenchment under subclause (1), the Secretary must:
(a) allow the employee at least 1 month (the acceptance period) to accept the invitation; and
(b) give notice of termination of employment in accordance with section 29 of the Public Service Act 1999 before the end of the acceptance period only if the employee agrees.
(4) Within the acceptance period, the Secretary must tell the employee in writing about the following matters:
(a) the amount of severance pay, pay in lieu of notice and paid up leave credits;
(b) the amount of accumulated superannuation contributions;
(c) options open to the employee for superannuation;
(d) taxation rules applying to payments to the employee;
(e) the level of assistance up to a maximum of $750 for financial advice.
(5) Only 1 invitation of voluntary retrenchment is to be made to an employee.
(6) If an employee declines an invitation of voluntary retrenchment under subclause (1), or does not accept the invitation within 1 month, the Secretary must, as soon as possible and with the employee’s consent, refer the employee to career advisory services.
Voluntary Retrenchment. 4.1 Where a surplus employee is unable to be placed in other suitable employment, the employer may offer the employee a voluntary retrenchment.
4.2 The surplus employee will have up to seven days from the date of a written offer of voluntary retrenchment to consider and accept the offer.
4.3 Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks notice from the date that the offer is accepted, or five weeks notice if the employee is over the age of 45 years.
4.4 The surplus employee may be retrenched at any time within the period of notice under clause 4.3, at the direction of the CEO or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period.
Voluntary Retrenchment. Apprentices can apply for Voluntary Retrenchment where the Employer needs to implement redundancies. Approval shall be linked to the Employer’s operational needs.
Voluntary Retrenchment. Where the CEO invites an excess employee to accept voluntary termination, the employee will have one month to accept the offer. If the offer is accepted the CEO will not give notice of termination under section 29 of the PS Act before the end of that period without the agreement of the employee.
Voluntary Retrenchment. Where the Chief Executive Officer invites an excess employee to accept voluntary retrenchment, the employee will have one calendar month in which to accept the offer. Where the offer is accepted the Chief Executive Officer will not give notice of termination before the end of that period, without the agreement of the employee.
