76. Provisions for Management of Excess Staff - Redeployment and Redundancy

General

76.1 The AEC is committed to ensuring that employees are efficiently and effectively employed in order to meet the AEC's core business requirements.

76.2 It is recognised that, at times, there are requirements for a structured and effective mechanism for the management of excess employee situations. This process is outlined below.

Application

76.3 The redeployment and redundancy provisions apply to non-probationary ongoing excess employees of the AEC.

76.4 An employee is excess if:

• the employee is included in a class of employees employed in the AEC, and this class comprises a greater number of employees than is necessary for the efficient and economic working of the AEC;
• the services of the employee cannot be effectively used because of technological or other changes in the work methods of the AEC or structural or similar changes in the nature, extent or organisation of the functions of the AEC; or
• where the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the different locality and the Electoral Commissioner has determined that these provisions will apply to that employee. For the purpose of this section, a different locality refers to a workplace in another city or town and is not in the same city as that in which the employee is presently stationed. In cases such as these, where exceptional circumstances can be demonstrated, the Electoral Commissioner may consider access to these provisions on a case by case basis.

76.5 Where the employee nominates a representative, the Electoral Commissioner will hold discussions with the employee and the employee's representative or, if the employee so requests, with the employee's representative only.

76.6 The Electoral Commissioner will provide the names of potentially excess employees to the relevant employee representatives only with the express authority of those employees.

76.7 The AEC will comply with the requirements of the Workplace Relations Act 1996, in situations where 15 or more employees are likely to become excess, and will raise the issue for discussion with the AEC Consultative Forum (ACF).

Stages

Initial Consultation

76.8 When the Electoral Commissioner becomes aware that an employee is likely to become excess, the Electoral Commissioner will advise the employee of that in writing.

76.9 As part of the initial consultation process, the Electoral Commissioner will then hold discussions with the employee or where the employee so nominates, the employee's representative, to consider options such as:

• reassignment of a potentially excess employee to a suitable vacancy at the same level within the AEC;
• any other measures that could be taken to resolve the situation, including redeployment opportunities for the employee below the classification level or the appropriateness of voluntary redundancy.

76.10 The Electoral Commissioner may invite employees who are not excess employees to express interest in voluntary retrenchment, where the retrenchment of those employees would permit the redeployment of employees who are in a redundancy situation and who would otherwise be excess.

76.11 The initial consultation period will be no less than 4 weeks unless the employee requests a shorter period of consultation.

Advice and Information to be Made Available

76.12 In order to assist the employee to make a decision, a potentially excess employee is entitled to the following advice and information during the first 2 weeks of the initial consultation period:

• the amount of severance pay, payment in lieu of notice and paid leave credits they would be entitled to;
• accumulated superannuation contributions;
• options for contact with Comsuper regarding superannuation benefits, entitlements and superannuation advice;
• taxation rules applying to the various payments; and
• financial advice and/or career counselling up to a maximum of $600.

76.13 This information at Clause 76.12 will be updated at the employee's request at later stages of the process of redeployment and redundancy.

Offer of Voluntary Redundancy

76.14 At the end of the initial consultation period, the Electoral Commissioner may make an offer of voluntary redundancy to an excess employee. Only one offer of voluntary redundancy can be made to an employee during each excess staffing situation.

Consideration Period

76.15 Where the Electoral Commissioner makes an offer of voluntary redundancy, the employee will have a four week consideration period in which to consider the offer and to advise the Electoral Commissioner in writing whether they wish to accept voluntary redundancy or prefer to be redeployed.

76.16 Where the employee has received the information outlined at Clause 76.12 above and requests to reduce the consideration period, the Electoral Commissioner may agree to do so. Where a consideration period of less than four weeks is agreed, the AEC will pay out any unexpired portion of the consideration period and any leave credits in accordance with relevant legislation.

Notice of Termination

76.17 At the end of the consideration period, (or earlier if the Electoral Commissioner agrees to the employee's request in accordance with Clause 76.16), the Electoral Commissioner will issue a notice of termination under s29 of the Public Service Act 1999 where the employee agrees to be voluntarily retrenched.

76.18 The period of notice of termination will be 4 weeks (or 5 weeks for an employee over 45 years of age with at least five years of continuous service or an employee with 20 years service) commencing from the day after the end of the 4 weeks consideration period, unless the employee requests an earlier date.

76.19 The Electoral Commissioner may elect to make payment in lieu of notice. An employee terminated in these circumstances, is entitled to voluntary redundancy severance benefits as set out at Clauses 76.20 to 76.27 of this Agreement.

Severance Benefit

76.20 An employee who agrees to voluntary redundancy and whose employment is terminated, is entitled to be paid a sum equal to 2 weeks of full time equivalent 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.

76.21 The minimum sum payable will be 4 weeks of salary and the maximum will be 48 weeks of salary.

76.22 The severance benefit will be calculated on a pro rata basis for any period where an employee has worked or is working part-time hours during their period of service and the employee has less than 24 years full-time service. Where the period of continuous service, on the basis of which a severance benefit will be calculated, is comprised of both full time and part-time service, eligible full time service shall be counted before the part-time service. Where part-time service has been worked over variable weekly hours, the periods of greater weekly hours will be counted first.

76.23 Service for severance pay purposes means:

service in the AEC;

• government service as defined in section 10 of the Long Service Leave 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 except where the member has voluntarily retired with an employer-financed benefit;
• 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 severance pay purposes; and
• service in another organisation where:
  • an employee was reassigned duties from the APS to that organisation 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; and
  • such service is recognised for long service leave purposes.

76.24 Where periods of service are not continuous, earlier periods of service will only count where there are no breaks between those periods, except where:

• the break in service is less than 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.

76.25 Any period of service will not count for severance pay purposes if the previous service 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 Public Service Act 1999;
• a breach of the Code of Conduct;
• on a ground equivalent to a ground listed in the previous paragraph under the repealed Public Service Act 1922;
• through voluntary termination 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 termination benefit.

76.26 Absences from work, which do not count as service for Long Service Leave purposes, will not count as service for severance pay purposes.

76.27 For the purpose of calculating any payment, salary will include:

• the employee's salary at their substantive work value level; or
• the salary of the higher work value level, where the employee has been working at the higher level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of retirement; and
• other 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.

Redeployment

76.28 Employees who during the consideration period indicate a preference for redeployment will be advised in writing at the end of the consideration period that they are excess and will be referred to the AEC's nominated professional outplacement service provider.

76.29 The Electoral Commissioner may make an offer of voluntary redundancy to the excess employee within two months of referral to the outplacement service provider. If this is not made within the two month period, an offer of voluntary redundancy must be made at the end of that period.

76.30 Only one offer of voluntary redundancy will be made to an excess employee during each excess staffing situation.

76.31 If the employee elects to accept the offer of voluntary redundancy when it is made, the Electoral Commissioner will give notice and terminate the employment and/or pay in lieu of notice and the employee will be entitled to the severance benefits set out at Clauses 76.20 to 76.27 above.

Retention Period

76.32 Unless the employee agrees, the employment of an excess employee will not be involuntarily terminated until the relevant retention period below has elapsed:

• 13 months, where an employee has 20 or more years of service or is over 45 years of age; or
• 7 months, for other employees.

76.33 The retention period will commence on the day that the employee receives advice in writing that they are excess.

76.34 The retention period may, at the discretion of the Electoral Commissioner, be extended by any periods of paid Personal Leave with a certificate for personal illness or injury, or periods of compensation leave granted during the retention period.

76.35 During the retention period, the Electoral Commissioner and the employee will cooperate to find alternative employment at the same level for the excess employee.

76.36 The excess employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment if these expenses are not met by the prospective employer.

76.37 An excess employee will be entitled to reasonable leave with full pay to attend necessary employment interviews.

76.38 An excess employee who moves to a new locality as a result of a reassignment of duties or reduction in classification is no longer excess and will be entitled to reasonable relocation expenses.

76.39 If, despite taking reasonable steps, the Electoral Commissioner has been unable to find alternative employment at level for the excess employee, the Electoral Commissioner may, with 4 weeks notice, reassign the excess employee to a job with a lower APS classification. If this occurs before the end of the retention period, the employee will receive income maintenance to maintain their salary at the higher level for the balance of the retention period.

76.40 If the employee:

• has received redeployment assistance for a period of at least two months; and
• the outplacement service provider certifies that there is no prospect of redeployment; and
• the Electoral Commissioner is satisfied there is insufficient productive work available for the remainder of the retention period,

the Electoral Commissioner may, with the agreement of the employee, terminate the employment of the employee and pay the balance of the retention period as a lump sum. This payment will be taken to include the payment in lieu of notice of termination.

76.41 The employee may, without their agreement, be terminated at the end of the retention period. The employee will be given 4 weeks notice of the termination (or 5 weeks notice if the employee is over 45 with at least 5 years of continuous service) and the notice provided will be, as far as practicable, concurrent with the retention period.

Involuntary Termination of Employment

76.42 The Electoral Commissioner may involuntarily terminate the employment of an excess employee at the end of the retention period.

76.43 An excess employee will not have their employment terminated involuntarily if the employee has not been invited to accept an offer of voluntary redundancy or has elected to have their employment terminated but the Electoral Commissioner has refused to approve the election.

76.44 An excess employee will not have their employment terminated involuntarily without being given notice of termination in accordance with Clause 76.42 above, or payment in lieu of notice.

76.45 The specified period of notice will as far as practicable be concurrent with the retention period.

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