• Section F - Workforce planning and adjustment

    Workforce planning and adjustment

    112. Permanent relocation of employees between offices

     

    Intra-city Transfers

    112.1

    Employees and their representatives will be consulted at the earliest practicable stage regarding any ATO initiated proposal to permanently move employees between buildings in the same city.

       

    112.2

    To the fullest extent practicable the movement of employees will be on a voluntary basis.

       

    112.3

    Hardship factors will be considered in selecting employees to move. Where the ATO finds that the relocation would cause hardship for an employee, the ATO, as far as reasonably practicable, will seek alternatives to relocation.

    For the purposes of this clause the hardship factors to be considered may include, but are not limited to:

    a. Personal circumstances such as caring responsibilities

    b. Medical issues

    c. Issues arising from a spouse's employment

    d. Reasonable travel time

    e. Additional costs or financial commitments

    f. Education/training commitments

    g. Problems in a prior location

    h. Childcare arrangements

       

    112.4

    Where the move is within a central business district (CBD) or within a suburb, (including its immediate surrounds) employees will be given as much notice as is reasonably practicable of the need to move.

    For moves between suburbs (including their immediate surrounds) or between the CBD and a suburb, employees will be given at least one month's notice of the need for them to move unless the employees and the delegate agree to a shorter or longer period

    Where the factors that give rise to hardship are of a temporary nature the delegate will consider a longer period of notice of the need to move.

       

    112.5

    If significant relocation costs are likely to be incurred, the employee will be entitled to one-off payment upon taking up duty in the new building;

    a. for employees at or below the APS 3 level - $1047 (and $1068 from 21 June 2012, $1079 from 3 January 2013, and $1101 from 20 June 2013),

    b. for employees at or above the APS 4 level $696 (and $710 from 21 June 2012, $717 from 3 January 2013, and $731 from 20 June 2013).

    For the purpose of this clause the employee's level is their actual classification level at the date of the move.

       

    112.6

    Managers may allow employees up to 3 days leave where this is necessary to arrange personal matters associated with the move.

       

    112.7

    It is not expected that significant relocation costs would be incurred or leave required where the move is within a CBD or suburb. However, each case will be considered on its merits and the provisions of sub-clauses 112.5 and 112.6 are not precluded where it is clearly demonstrated that significant relocation costs are likely to be incurred and/or leave is required.

       
     

    Inter-city transfers

    112.8

    There will be no compulsory moves between cities. In this context, cities means the greater metropolitan area.

    113. Assignment of duties

    113.1.

    Any employee can be assigned to carry out such duties as are within the limits of the employee's skill, competence and training and are consistent with relevant classification structures and standards, provided that such duties are not designed to promote deskilling.

       

    113.2

    Employees do not have to carry out duties which are a threat to a safe and healthy work environment.

    114. Workforce Plan and flexibility

     

    Workforce planning

    114.1

    The ATO is primarily an employment based organisation. This means that the ATO will aim to develop and retain ongoing employees, and to the extent practicable maximise the use of ongoing employees.

       

    114.2

    The ATO has a Workforce Plan which will continue to be based on principles that include:

    a. the ATO, while managing its business on a national basis will consider the development needs of its workforce at a regional level.

    b. the ATO will maximise the use of ongoing employment wherever practicable.

       

    114.3

    The Workforce Plan will include an outline of:

    a. the broad FTE numbers and major capabilities required to attain the corporate priorities and outcomes outlined in the ATO's Plan as it exists from time to time; and

    b. the Place Principles the ATO will use in determining its place commitments for the life of the Agreement.

       

    114.4

    The Workforce Plan will be reviewed annually and employees and their representatives will be consulted in relation to the review of the Workforce Plan. As part of this planning process the ATO will review, at least annually:

    a. the usage of contractors, consultants, outsourcing arrangements (including labour hire) and non-ongoing employees to ensure the appropriate mix of employment and that relevant public service guidelines are used,

    b. the gender balance of employees by site and by classification, and

    c. the classification profile of ATO sites which have more than 100 employees.

       

    114.5

    ATO business will continue to be delivered from a network of locations around Australia. As a result of the ATO actively managing its property portfolio to achieve maximum value, the ATO does not expect to close any locations during the nominal period of this Agreement.

       
     

    Workforce flexibility

    114.6

    ATO employees are expected to perform work at their existing classification level commensurate with their substantive salary and reflecting their particular role in the organisation. The ATO may require an employee to perform work which is typical of the work done in jobs of a lower classification level. It is the intention that this will be for a total of up to 8 weeks in any one financial year unless special circumstances require that this limitation be relaxed, following consultation with the affected employees and their representatives. The ATO may need to move priority work to the employees' current location.

       

    114.7

    In the cases outlined in clause 114.6 the ATO will continue to pay employees according to their existing classification and pay excess travel time and fares where appropriate.

       

    114.8

    Wherever practicable, the ATO will initially seek volunteers for the lower level work, prior to directing other employees to undertake the work. In directing other employees to undertake lower level work, the ATO will have established that it is not practicable to fill the positions through:

    a. use of HDA; or

    b. reassignment of duties at level; or

    c. the use of non-ongoing employees.

       

    114.9

    In addition to the requirements of the Public Service Regulations, where the ATO intends to engage non-ongoing employees at the classification of APS 4 or above it will, wherever practicable, give ongoing employees the opportunity to express interest in and be considered for these employment opportunities.

    115. Income maintenance period

    115.1

    Where clauses 116 to 119 refer to an employee's income being maintained for a period of either 7 or 13 months as a result of a reduction in classification, the relevant period shall be determined as follows:

    a. for an employee with 20 or more years of service: 13 months

    b. for an employee who is over 45 years of age: 13 months

    c. for any other employee: 7 months.

    116. Employees whose services cannot be effectively used

     

    General

    116.1

    This clause only applies to ongoing employees who are no longer on probation.

    An employee whose services can no longer be effectively used in their current job because of changes in technology or work methods or changes in the nature, extent or organisation of the ATO will be given support in considering career alternatives or will be able to leave the ATO with dignity and respect for the contribution they have made in the past.

       

    116.2

    These procedures are only to be used where an individual employee's job is still required and the employee will be replaced subsequent to action under this clause. Where the actual job is no longer required, the arrangements under clause 118 must be used.

       
     

    The process

    116.3

    If clause 116.1 applies to an employee the appropriate manager will advise the employee that it is considered their services can no longer be effectively utilised.

       

    116.4

    The employee will be given an opportunity to comment. Any discussions may involve the employee's nominated representative, if that is what the employee has chosen.

       

    116.5

    The employee will be invited to discuss possible options, if any, for redeployment or retraining that could allow the employee to be retained in gainful employment:

    a. if an employee agrees to a reduction to a lower classification, the employee will maintain the income level they had immediately prior to the reduction for either 7 or 13 months in accordance with clause 115.

    b. if an employee is redeployed within the same city they are eligible for any relocation assistance applicable under clause 112.

    For the purposes of clause 116 only, for EL2 employees 'reduction in classification' includes movement from one EL2 position to a lower paid EL2 position.

       

    116.6

    Where redeployment or retraining is not feasible, an employee may be formally notified in writing that they can no longer be gainfully employed by the ATO.

       

    116.7

    If an employee has been notified under clause 116.6, they will be provided with information as set out in clause 119.4, Step 4, 1(a) (b) and (c).

       

    116.8

    Once the employee has been provided with the information as set out in Step 4, 1(a) (b) and (c) of clause 119.4, the ATO will make a formal offer of voluntary redundancy to the employee. The employee will have up to two weeks to accept or decline the offer. If the employee does not respond to the ATO in that time they will be deemed to have declined the offer.

       

    116.9

    Follow on action for individual employees may commence inside the two week period, with the agreement of the employee.

       

    116.10

    An employee who accepts the offer of voluntary redundancy will be:

    i. given written notice of termination of their employment as an excess employee for the purpose of s29.3(a) of the Public Service Act 1999; and

    ii. will be paid a redundancy payment as if they were an excess employee under clause 119.

       

    116.11

    If an employee declines the offer of voluntary redundancy:

    i. they cannot be made any further offer of voluntary redundancy later in the process under this clause.

    ii. the ATO will provide the employee with assistance to try to find opportunities to redeploy the employee to another agency. This will include actions consistent with any APS wide redeployment principles and If a suitable job cannot be found within the ATO or another APS agency within three months, the ATO will give:

       

    a. written notice of involuntary termination of their employment as an excess employee for the purpose of s29.3(a) of the Public Service Act 1999; or

    b. 4 weeks' written notice of the intention to reduce the classification of the employee so that they can be redeployed to suitable employment.

       
     

    Payment if reduced in classification

    116.12

    If an employee is reduced to a lower classification, the employee will maintain the income level they had immediately prior to the reduction for either 7 or 13 months, less the period of employment since the offer of voluntary redundancy was rejected.

       
     

    Payment if employment is terminated involuntarily

    116.13

    An employee whose employment is terminated involuntarily will be paid an amount equal to the sum they would receive if payment was calculated in accordance with clauses 119.14, 119.15 and 119.16.

       
     

    Support for employees

    116.14

    As appropriate, employees will have access to the support that is available to excess employees under sub-clauses 119.5, 119.6 and 119.7.

    117. Excess employees

    117.1

    This clause only applies to ongoing employees who are no longer on probation.

       
     

    When is an employee excess?

    117.2

    An employee becomes excess for either of the following reasons:

    a. the duties of the employee are transferred to a different capital city or to an office which requires a move of a similar scale, involving a necessary change of residence, and

       

    i. the employee is unwilling to perform duties at the new office; and
    the Commissioner is unable to provide ongoing work at the first office; and

    ii. the Commissioner agrees redundancy is an economically viable alternative to relocation.

     

    b. the Commissioner determines that the employee is a member of a given class that has more members than is necessary for the efficient and economical working of the ATO in a particular location.

    118. Preventing excess employee situations

     

    Consultation with employees and their representatives

    118.1

    The ATO will consult with employees and their representatives where the provisions of this clause need to be exercised.

    a. Consultation and communication processes established under clauses 2 and 3 of this Agreement will be used to consult employees and their representatives about workforce adjustment issues;

    b. The briefings of employees and their representatives, under sub-clause 3.3 of this Agreement, will be used to explain the overall funding and likely staffing situation of the ATO. It is envisaged these meetings will be held when data is available from the Budget and the additional estimates process;

    c. Employees and their representatives will be consulted in relation to possible national corporate measures which could be taken under this clause to prevent excess employee situations.

       
     

    Preventing excess employee situations

    118.2

    This clause only applies to ongoing employees who are no longer on probation.

       

    118.3

    The ATO will, as far as practicable prevent excess employee situations through:

    a. an employee retraining/redeployment approach so that employees prepared to acquire new capabilities within an appropriate time can reasonably expect to be employed by the ATO, and/or

    b. the measures set out in clause 118.5 to 118.7.

       

    118.4

    Where the provisions in 118.3 are not successful in preventing excess employee situations, the ATO will take actions consistent with any APS wide redeployment principles.

       
     

    Measures for preventing excess employee situations

    118.5

    To prevent excess employee situations, the ATO will:

    a. where appropriate, seek alternatives to redeploying employees, such as moving work, or

    b. reassign the employees to other duties in their sub plan within their current site; or

    c. if action taken under a) and b) above does not prevent the excess employee situation then the ATO will attempt to reassign employees to other sub plans within the site (refer to sub-clauses 118.7 and 118.8), or

    d. where the above actions do not prevent the excess employee situation then the ATO will attempt to reassign the employees to each employees current sub plan within the region.

    The order of action taken by the ATO under this sub-clause may be varied following consultation with the employees and their representatives.

       

    118.6

    Where a sub plan has undertaken the measures in clause 118.5 and still cannot prevent an excess employee situation the sub plans will participate in corporate workforce adjustment activities.

    Information in relation to these activities will be available to employees and their representatives.

       

    118.7

    The ATO will assess employees, identified as being in a situation where they are likely to be excess, for suitability for any identified ongoing job opportunity in the ATO prior to it being filled in another way. In this context, suitability of an employee will be based on:

    a. suitability for the work in areas where they could be redeployed, not on their relative suitability for work in the current work area; and

    b. the employee's ability to perform satisfactorily within a maximum of three months.

    Where there are insufficient volunteers, the ATO may identify and redeploy an employee from the group of potentially excess employees.

       
     

    Factors to be considered in redeployments under this clause

    118.8

    The following factors will be taken into account in redeploying employees:

    a. Employees working in ATO sites outside the greater metropolitan area of capital cities (e.g. Geelong, Newcastle Townsville, Wollongong and Albury) will be given first consideration for additional job opportunities that arise in those sites as the size of the offices means there are different opportunities to those in metropolitan regions;

    b. Within the greater metropolitan area of capital cities, on occasions it may be more practicable and reasonable to redeploy an employee between BSLs in their current site, than to re-assign the employee to a job in a different site in their current BSL. To the extent practicable, employee preferences and 'hardship' factors will be taken into consideration in redeployment decisions;

    c. Employees may express interest in redeployment to another region, but the first priority will be to find jobs for employees within their current region. The ATO is not obliged to redeploy employees between regions and such redeployments do not have priority over other vacancy filling methods unless determined by the Commissioner;

    d. Where a site is closing, employees may express a preference for a site for their redeployment. The ATO will take this preference into account in corporate workforce adjustment activities.

       

    118.9

    An employee who is redeployed to another office in the same city will be eligible for the relocation provisions under clause 112.

       

    118.10

    If both the ATO and the employee agree on redeployment to another region, the move may be considered to be in the interests of the ATO.

    119. Redundancy Provisions

     

    Application

     

    Where measures under clause 118 do not resolve the situation

    119.1

    This clause only applies to ongoing employees who are no longer on probation.

    If, despite relevant steps having been taken under clause 118, an excess employee situation is likely to arise, the six steps set out in this clause will be taken.

       

    119.2

    Where 15 or more employees are considered to be excess, steps 3 to 6 below will apply as well as any relevant provisions provided for by relevant legislation.

       

    119.3

    Where less than 15 employees are considered to be excess the following steps will apply.

       

    119.4

    The six steps are:

    Step 1

    Affected employees and where they choose, their representatives, will be informed and will be provided with the following information:

    a. the reasons why employees are likely to become excess; and

    b. the time when, or the period over which, it is likely to occur.

    When advising affected employees of the situation, the ATO will specifically ask the affected employee to identify which representative they wish the ATO to advise of the situation.

    Step 2

    1. Employees and, where they choose, their representatives will have one month for consultation with ATO management about:
     
     

    a. measures that have been, or could be, taken to remove or reduce the likelihood of excess employees;

    b. redeployment prospects for the employee(s) concerned;

    c. the appropriateness of using voluntary redundancy; and

    d. the method of identifying an employee as excess, having regard to the efficient and economical working of the ATO and the relative efficiency of employees.

    1. If the invitation to be consulted is declined or it is agreed that the full period is not needed, follow on action may be taken before the end of the one month period.
    2. If the Commissioner agrees, the period will be extended beyond one month.
    3. Apart from employees who express interest in voluntary redundancy, no employee will be notified that they are excess within one month of the consultation period commencing.
     

    Step 3

    1. If redeployment or other measures are not feasible or only partially remove the problem, the Commissioner will identify the employees who are considered to be excess.
    2. Nothing in these procedures will prevent excess employees being identified by seeking informal expressions of interest in voluntary redundancy. Employees who lodge an informal expression of interest in Voluntary Redundancy will be provided with, or given access to, information in relation to their likely entitlements. This could take the form of access to 'self-help' methods of estimating final leave/severance payments and superannuation benefits.
    3. Where the ATO determines that it is effective and economical to do so, the ATO will facilitate the use of swaps to maximise the extent to which redundancies are voluntary.
    4. Employees must be notified in writing that they are excess employees.
     

    Step 4

    1. Employees who are identified as being excess will be provided with the following information:
     
     

    a. estimates of severance benefits, pay in lieu of notice and pay in lieu of any unused annual, purchased or long service leave credits;

    b. the estimated amount of taxation the ATO will deduct from any payments;

    c. access to superannuation information;

       

    i. For employees who are members of the CSS or PSS (either defined benefit or accumulation plan) the ATO is authorised by the employee to obtain details of accumulated superannuation contributions and the options available to those employees in relation to superannuation. The ATO will provide this information to the employee;

    ii. Employees who are not members of either the CSS or PSS funds are responsible for obtaining details about their options in relation to superannuation from their superannuation fund. The ATO will, where possible, assist the employee to get this information by providing relevant information in writing to the employee; and

     

    d. the retention provisions which apply if the employee declines an offer of voluntary redundancy, including information about how the amortised salary would be calculated if they nominate the Alternate Retention Period as determined by Step 5 (4).

    1. Once the employee has been provided with the information as set out in a), b) and c) (i) and d) above, and for an employee covered by c) (ii) they have had reasonable time to get the information, they will be made a formal offer of voluntary redundancy. An employee will have up to two weeks to accept or decline such an offer. Where the employee declines the offer, they will be required to, at the same time, nominate which retention period provisions they wish to apply to them (i.e. the Retention Period as determined by Step 5 (3) or the Alternate Retention Period as determined by Step 5 (4).
    2. Employees who accept the formal offer of voluntary redundancy will be given notice of termination and will be paid a voluntary redundancy severance benefit. With the agreement of the employee, follow on action may commence inside the two week period.
    3. If the employee does not respond to the ATO within the two week period provided in sub-clause 2 above, they will be taken to have declined the offer.
    4. If the employee does not nominate a retention period within the two week period provide in sub-clause 2 above, the retention period under Step 5 (3) will apply to them.
    5. The ATO will not make a further offer of a voluntary redundancy to the employee at later steps in the process.
     

    Step 5

    1. Employees who decline the offer of voluntary redundancy will begin a formal retention period, to apply from that date.
    2. Where the ATO determines that it is effective and economical to do so, the ATO will facilitate the use of swaps to maximise the extent to which redundancies are voluntary.
    3. Retention period - An excess employee who declines the offer of voluntary redundancy will be entitled to the following period of retention:
     
     

    a. 13 months where the employee has 20 years or more service or is over 45 years of age; or

    b. 7 months for all other employees,

    reduced by the relevant NES redundancy pay period that would apply to the employee at the end of 7 or 13 months retention period.

    1. Alternate Retention Period - Where an employee elects to enter into the retention period provisions under this sub clause, the employee's retention period determined in 3 above will be:
     
     

    a. 13 months where the employee has 20 years or more service or is over 45 years of age; or

    b. 7 months for all other employees.

    1. Payment of salary during retention period
     
     

    a. Unless (b) below applies an employee will be paid at their ordinary rate of pay during their retention period.

     

    b.

    i. Where an employee elects to enter into the Alternate Retention Period provisions their total pay throughout the retention period will be reduced by an amount equivalent to the employee's redundancy pay entitlement under the NES, with such redundancy pay period entitlement calculated as at the expiration of the retention period.

    ii. For the purposes of (b)(i), the reduction of the employee's ordinary pay will be amortised over the duration of the retention period.

    1. If during the Alternate Retention Period the employee ceases to be excess (other than by termination of employment for the reason of being excess) amortisation will cease and the amount deducted as part of the amortisation provisions will be paid to the employee.
     
     

    Step 6

    Employees who cannot be placed in a suitable job within three months of declining an offer of voluntary redundancy:

    a. will be advised that, because sufficient work is expected to remain available, it is intended to retain their services for the whole of their retention period, including the period since the offer of voluntary redundancy was rejected. In other than exceptional circumstances, it is expected that this will normally be the case but it may be necessary for affected employees to move to a different type of work, for which they are suitable, during this period; or

    b. where the Commissioner is satisfied at any time in the remaining retention period that there is insufficient productive work available for the employee during the remainder of the retention period and that there is no reasonable redeployment prospects in the APS, the Commissioner may:

     

    i. Give written notice of the involuntary termination of the employee's employment under s.29 of the PS Act; or

    ii. by agreement with the employee, give written notice of involuntary termination of their employment; or

    c. will be given 4 weeks' written notice of the intention to reduce their classification so that they can be redeployed to suitable employment, in which case income maintenance will apply instead of an involuntary redundancy benefit;

    d. may at any time, be given written notice of the involuntary termination of the employee's employment under s.29 of the PS Act.

       
     

    Support for excess employees

    119.5

    Employees who are identified as being excess, or offered a voluntary redundancy, will be reimbursed for the costs of the following support where they choose to use it:

    a. career, lifestyle and/or financial planning by a qualified advisor; and/or

    b. assistance with preparation of applications for job interviews.

    The maximum total amount of reimbursement under a) and b) is $2,200.

       

    119.6

    During any notice or retention periods referred to in this clause:

    a. the ATO will provide assistance to the employees to try to find opportunities to redeploy the employee to another agency. This includes actions consistent with any APS wide redeployment principles; and,

    b. excess employees will be given reasonable time to attend employment interviews, including reasonable travel and incidental expenses where these are not met by the prospective employer.

       

    119.7

    Where an excess employee has to move their household to a new locality as a result of a movement at level or reduction in classification, they will be entitled to reasonable travel and relocation expenses as if being promoted.

       
     

    Payment if reduced in classification

    119.8

    If an employee is reduced in classification, the employee will maintain the base salary they had immediately prior to the reduction for either 7 or 13 months, less the period of employment since the offer of voluntary redundancy was rejected.

       
     

    Notice period

    119.9

    The following notice periods will apply where employment is terminated:

    a. if over 45 years of age, with at least 5 years continuous service: 5 weeks' notice;

    b. other employees: 4 weeks' notice.

       
     

    Voluntary Redundancy Benefit

    119.10

    An employee who elects for retrenchment with a redundancy benefit and whose employment is terminated by the Commissioner under s.29 of the Public Service Act 1999 on the grounds that he/she is excess to the requirements of the ATO, is entitled to payment of a redundancy benefit of an amount equal to two 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 NES.

    Attachment C sets out certain conditions relating to service for redundancy benefit purposes.

       

    119.11

    The minimum sum payable will be an amount equal to 4 weeks' salary and the maximum payable will be equal to 48 weeks' salary.

       

    119.12

    The redundancy benefit will be calculated on a pro rata basis for part time hours during the period of service if the employee has less than 24 years full time service.

       

    119.13

    This benefit will be in addition to any payment in lieu of the notice period and accrued annual leave, long service leave and purchased leave credits.

       
     

    Involuntary Redundancy Benefits

    119.14

    Where employment is terminated involuntarily, employees will be paid a sum calculated as follows:

    a. for employees with 20 or more years of service or over 45 years of age:- a lump sum equal to 13 months salary reduced by the amount of salary paid since the date the offer of voluntary redundancy was rejected; or

    b. for others:- a lump sum equal to 7 months salary reduced by the amount of salary paid since the date the offer of voluntary redundancy was rejected.

       

    119.15

    Such employees will receive payment in lieu of accrued Annual Leave and Purchased Leave calculated as if the date of termination of their employment is 13 months or 7 months (as the case may be) later than the date the offer of voluntary redundancy was rejected.

       

    119.16

    If the total amount payable is less than the total amount (including pay in lieu of leave) that would have been payable had the employee accepted the offer of voluntary redundancy (reduced by any salary received since the date the offer was rejected), the employee will be paid an additional amount to bring the total benefit to that amount.

       
     

    Salary for calculating benefits

    119.17

    For calculating redundancy benefits, an employee's salary will include:

    a. HDA, if received on the date notice is given and has been payable for a continuous period of at least 12 months at that date;
     
    Where the higher duties of an employee who has received HDA for a continuous period of 12 months is ceased due to the workforce adjustment process necessitating the redundancy, and the employee would otherwise have continued to receive higher duties until the date notice was given, the higher duties will be taken to have continued to the date notice was given for the purpose of this clause.

    b. an average of shift penalties over the 12 months prior to notice being given, provided shift work has been rostered in at least 26 weeks; and

    c. any other regular allowance in the nature of salary received on the date notice is given.

    120. Termination of employment

    120.1

    This clause only applies to ongoing employees who are no longer on probation.

       
     

    Review rights

    120.2

    The following provisions apply to review rights in relation to action under taken clause 116, 119 and 142.

       

    120.3

    The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee enjoys under:

    a. the Fair Work Act 2009;

    b. other Commonwealth laws (including the Constitution); and

    c. at common law.

    Termination of, or a decision to terminate employment, cannot be reviewed under the dispute prevention and settlement procedures or review of action procedures.

    Nothing in this Agreement prevents the Commissioner from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with the Fair Work Act, subject to compliance with the procedures established by the Commissioner for determining whether an employee has breached the Code of Conduct under section 15 of the Public Service Act 1999.

       

    120.4

    Reduction in classification is subject to review at the request of the employee. The review process (but not the grounds for review) will be the same as those set out in sub-clauses 142.14 to 142.18 inclusive.

       
     

    Date of effect

    120.5

    Subject to the special cases set out below, where an employee is terminated, the termination will take effect on the later of:

    a. one month after the day on which the notice is given to the employee; or

    b. after expiration of a period of notice required by the Fair Work Act; or

    c. on the date of effect of the notice of termination.

    120.6

    Except where an employee is guilty of serious misconduct warranting termination without notice, termination of employment due to a breach of the code of conduct shall take effect on the later of:

    a. 14 days after the employee has been furnished with reasons for the termination; or

    b. after any greater period of notice required by the Fair Work Act.

       

    120.7

    Where an excess employee is terminated, the notice of termination shall take effect on the later of:

    a. after expiration of the period of notice under this Agreement; or

    b. after expiration of the period of notice required by the Fair Work Act.

    120.8

    Unless an employee agrees otherwise, termination of employment due to inability to perform duties because of physical or mental incapacity takes effect on the later of:

    a. one month after the day on which the notice is given to the employee; or

    b. on the day paid personal leave credits are exhausted; or

    c. after expiration of a period of notice required by the Fair Work Act.

       

    120.9

    Termination on grounds relating to an employee's performance shall take effect on the later of:

    a. 14 days after the day on which the notice is given to the employee; or

    b. after the period of notice required by the Fair Work Act.

       

    120.10

    In all cases, termination may take effect after payment of compensation in lieu of the notice required. Payment in lieu of notice may be at the instigation of the Commissioner or the employee.

    121. Resignation

     

    Ongoing employees

    121.1

    An ongoing employee may resign his or her employment by giving the Commissioner at least 14 days notice.

       

    121.2

    The Commissioner has the discretion to agree to a shorter period of notice or waive the requirement to give notice.

       

    121.3

    At the instigation of the Commissioner the resignation may take effect at an earlier date within the notice period. In such cases the employee will be paid compensation in lieu of the notice period which is not worked.

      Last modified: 02 Dec 2011QC 24167