Summary of the APS Redeployment & Retirement framework

Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.

The management of excess staff is covered by clauses 11 and 12 of the APS General Employment Conditions Award 1995 (the R&R provisions), the Continuous Improvement in the APS Enterprise Agreement 1995-96 (the Enterprise Agreement) and Division 8C of the Public Service Act 1922 (the Act).

The Excess Staff instructions made by the Public Service Commissioner under section 76X of the Act are also binding on Secretaries and Heads of Agencies to the extent that they are not inconsistent with the R&R provisions or the Enterprise Agreement.

Definition

An employee is excess if:

the employee is included in a class which comprises a greater number of employees than is necessary for the efficient and economical working of the agency;
the employee cannot be effectively used because of technological or other changes in work methods, or changes in the nature, extent or organisation of the functions of the agency; or
where an employee's duties are to be performed at a different locality, the employee is not willing to relocate, and the Secretary has determined that the excess provisions apply to the employee.

Excess staff arrangements

Under the APS Enterprise Agreement and in accordance with the R & R provisions, the following arrangements apply where an agency has an excess staff situation:

first, the agency must consult with the union(s) about the excess staff situation
- the Secretary is required to provide all relevant details to the union concerned and arrange discussions;
- the 'relevant details' and what matters will be included in the discussions with unions are listed in the R&R provisions;
- an employee cannot be invited to accept voluntary retrenchment or be advised that he/she is an excess employee until discussions have been completed or unless the Public Service Commissioner is of the opinion that the discussions have not proceeded with reasonable timeliness and it is appropriate to proceed;
then the agency identifies the employees who are excess to the agency's requirements - the agency may formally declare the employees to be excess and the retention period will commence for those employees. Staff declared excess are immediately referred to the APS Labour Market Adjustment Program (APSLMAP) (see below);
the agency establishes, through consultation with the identified employees, which employees want to be offered voluntary retrenchment immediately and which employees are seeking redeployment:
- for those employees wanting an offer of voluntary retrenchment, the agency may, after having taken reasonable action to assess the redeployment prospects of those employees, immediately make a formal offer of voluntary retrenchment under the R & R provisions (see below)
  - the retention period for an employee who was not previously declared excess commences one month after the day the formal offer is made.
- for those employees seeking redeployment:
  - the agency will declare those employees excess (if that has not already occurred) and refer the employee immediately to the APSLMAP
    - APSLMAP provides a range of career transition services to assist excess employees
    - a fee is payable for all referrals to APSLMAP
- if not already made, an offer of voluntary retrenchmentmay be made by the agency within a period of 2 months after referral to APSLMAP and will be made no later than the end of the 2 months to those employees who have not been redeployed. Only one offer of voluntary retrenchment may be made to an excess employee
- if an excess employee declines the offer of voluntary retrenchment, APSLMAP and the agency will continue to seek redeployment options until the end of the employee's retention period (see below). Redeployment can be to a lower level position with or without the employee's consent
- at the end of the retention period, the Secretary may take action to involuntarily retire an excess employee who cannot be found suitable employment in the APS.

Voluntary retrenchment

Staff who are invited to elect for voluntary retrenchment are given one month in which to consider the offer of voluntary retrenchment. During that period, they are provided with appropriate financial information to assist them in making an informed decision.

An employee who accepts an offer of voluntary retrenchment made in accordance with paragraph 11.4 of the R&R provisions is retired from the APS with a severance payment equalling two weeks pay for each completed year of continuous Commonwealth service, plus a pro rata payment for completed months of service since the last completed year of service, with a minimum of 4 weeks and a maximum of 48 weeks salary. The employee also receives payment for Long Service Leave and Recreation Leave credits.

The employee is given 28 days notice of retirement, except for an employee over 45 years of age with at least 5 years service, in which case the period is 5 weeks. Where the Secretary directs or the employee elects an earlier retirement date the employee is entitled to payment instead of notice for the unexpired portion of the notice period.

Retention period and involuntary retirement

An excess employee cannot be retired without consent until the following retention periods have elapsed:

in the case of an employee who has 20 or more years of service or who is over 45 years of age - 13 months;
in the case of other employees - 7 months.

An employee retired with consent during, or with or without their consent at the end of, the retention period in accordance with paragraph 11.5 of the R&R provisions does not receive a severance payment.

An excess employee cannot be retired without consent at the end of the retention period unless he/she has been offered, and has refused voluntary retrenchment, and the Public Service Commissioner has taken reasonable action to redeploy the employee and is satisfied that it would not be in the interest of the efficient administration of the Service to transfer the employee to another department.

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Summary of the APS Redeployment & Retirement framework

Definition

Excess staff arrangements

Voluntary retrenchment

Retention period and involuntary retirement