Australian Public Service Commissioner’s Amendment (2015 Measures No. 2) Direction 2015

I, the Honourable John Lloyd PSM, Australian Public Service Commissioner, make the following direction.

Dated    25 November 2015

John Lloyd

Australian Public Service Commissioner

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Australian Public Service Commissioner’s Directions 2013

1  Name

  This is the Australian Public Service Commissioner’s Amendment (2015 Measures No. 2) Direction 2015.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Public Service Act 1999.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Australian Public Service Commissioner’s Directions 2013

1  Paragraph 2.8(1)(g)

Omit “redundancy benefit recipients in clause 7.1”, substitute “a person who has received a redundancy benefit, as set out in clause 7.1”.

2  Clause 2.14

Repeal the clause, substitute:

2.14  Engagement of ongoing APS employee as non‑ongoing APS employee

  An Agency Head may engage a person who is an ongoing APS employee to perform duties as a non‑ongoing APS employee without complying with Part 2.1 if:

 (a) the person is to be engaged for a specified term or specified task; and

 (b) the person resigns as an ongoing APS employee in order to commence the engagement as a non‑ongoing APS employee for a specified term or specified task; and

 (c) the engagement as a non‑ongoing APS employee for a specified term or specified task is at the same classification as the person’s current classification or at a lower classification.

Note: The Regulations (regulations 3.4 and 3.5) provide for matters regarding the engagement of non‑ongoing employees.

3  Clauses 7.1 to 7.3

Repeal the clauses, substitute:

7.1  Restrictions on engaging a person who has received a redundancy benefit

 (1) An Agency Head may only engage a person who has received a redundancy benefit as an ongoing APS employee in accordance with the following paragraphs:

 (a) the Agency Head must consider that the person’s engagement is essential for the Agency’s operations, having regard to:

 (i) the nature of the duties to be performed; and

 (ii) the work‑related qualities of the person;

 (b) if the Agency Head wishes to engage the person as:

 (i) an ongoing APS employee; or

 (ii) a non‑ongoing SES employee;

  the Agency Head must obtain the Commissioner’s approval to do so.

Note: Subparagraph (a)(ii)—for work‑related qualities, see clause 2.6.

 (2) In this clause:

person who has received a redundancy benefit means a person who has received a redundancy benefit:

 (a) from an APS agency or the Australian Parliamentary Service; and

 (b) for which the redundancy benefit period has not ended.

redundancy benefit means:

 (a) a severance payment, or similar payment, made to an employee on the ending of the employee’s employment; or

 (b) a payment made to an employee as a result of the shortening of a retention period; or

 (c) an incentive to retire payment under section 37 of the Act or section 37 of the Parliamentary Service Act 1999;

but not:

 (d) a payment made to an employee as redundancy pay under section 119 of the Fair Work Act 2009; or

 (e) a payment made to a person in lieu of notice of termination of employment.

Note: Paragraph (d)—the amount of the payment mentioned in that paragraph is known as the National Employment Standards redundancy amount.

redundancy benefit period, relating to a person’s redundancy benefit, means the period (rounded down to the nearest equivalent whole day):

 (a) beginning on the day after the person’s employment ends; and

 (b) ending on the last day of the period worked out using the following formula:

where:

weekly salary means:

 (a) for a person who has periods of full‑time and part‑time service and whose redundancy benefit is calculated on the basis of a part‑time weekly salary—the full‑time equivalent of the part‑time weekly salary; or

 (b) in any other case—the weekly salary used to calculate the redundancy benefit.

4  Dictionary (definition of redundancy benefit recipient)

Repeal the definition.