Resignation
Overview
The Public Service Act 1999 (PS Act), or subordinate legislation, does not contain provisions dealing with employee resignations. Therefore the information on this webpage is intended to supplement information provided by the Fair Work Ombudsman and the provisions of the Fair Work Act 2009 (FW Act). APS agencies should consider seeking legal advice where necessary.
Notice of resignation
Australian Public Service (APS) employees may need to provide notice when resigning, where it is specified in an enterprise agreement or other employment instrument.
If a notice period is not specified, the employee does not need to provide notice when resigning, however the Fair Work Ombudsman’s resignation and notice webpage suggests reasonable notice may be requested. APS agencies may consider including a notice period for resignation in an employment instrument.
Ending the notice period early
The Fair Work Ombudsman’s Resignation - what happens when an employer doesn't want an employee to work through a notice period webpage provides information for HR practitioners seeking guidance on ending a notice period early.
Resignation while on a temporary transfer to another APS agency
When an ongoing APS employee moves to a new APS agency under section 26 of the PS Act, the new agency becomes the employee’s current agency, even if the move is on a temporary basis.
Where an APS employee resigns and the resignation takes effect during a temporary transfer, the employee should submit their resignation to the current agency they are working for, by providing the notice period set out in that agency’s enterprise agreement, if any.
It is expected that the current agency and the employee will notify the home agency of the employee’s resignation.
Unless otherwise agreed between the agencies, the current agency is responsible for paying any final monies to the employee. The current agency has an obligation to liaise with the home agency to obtain the employee’s leave balances if the employee’s accruals were not exchanged at the time of the transfer.
Resignation of non-ongoing APS employees engaged for a specified term or a specified task
An APS employee engaged for a specified term or a specified task does not have a unilateral right to resign unless that right is specifically provided for in an employment instrument. Therefore, agencies should include provisions within an employment instrument, which deals with resignation before the completion of a specified term or task and notice periods.
Where agencies do not have prescribed provisions within employment instruments, agencies should consider seeking legal advice.
Withdrawing a resignation
An APS employee can only withdraw their resignation if agreed by the Agency Head. Agreement can only be given before the resignation takes effect, because once the resignation has taken effect the individual is no longer an employee.
Factors affecting the validity of a resignation are informed by common law. Agencies considering declining an employee’s request to withdraw their resignation are encouraged to seek legal advice.
Further Information
Further information on resignation is on the Fair Work Ombudsman website, via https://www.fairwork.gov.au/.