Common use of Consultation Process Clause in Contracts

Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess. (2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including: (a) redeployment opportunities for the employee at or below the employee’s existing level; and (b) referral to career advisory services; and (c) whether voluntary redundancy might be appropriate. (3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative. (4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy. (5) The Secretary may identify an employee who is excess to the Department’s requirements: (a) after the discussions under subclause (2) have been held; or (b) if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess. (11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.

Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess. (2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including: (a) redeployment opportunities for the employee at or below the employee’s existing level; and (b) referral to career advisory services; and (c) whether voluntary redundancy might be appropriate. (3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative. (4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy. (5) The Secretary may identify an employee who is excess to the Department’s requirements: (a) after the discussions under subclause (2) have been held; or (b) if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess. (11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary (in accordance with clause 5.07) above the severance pay entitlement provided for under clause 5.06.

Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess. (2) The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including: (a) redeployment opportunities for the employee at or below the employee’s existing level; and (b) referral to career advisory services; and (c) whether voluntary redundancy retrenchment might be appropriate. (3) If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative. (4) Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy retrenchment if that the retrenchment of the employee would permit the redeployment of an employee who is excess and would otherwise be subject to redundancyretrenchment. (5) The Secretary may identify an employee who is excess to the Department’s requirements: (a) after the discussions under subclause (2) have been held; or (b) if the employee or the employee’s representative declines to attend discussions – — no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy retrenchment immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their his or her request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess. (11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.

Consultation Process. (1) If D.3.1 When the Secretary considers Director-General is aware that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee employee(s) is likely to become excess, the Director-General will at the earliest practicable time advise the employee(s) of the situation. (2) The Secretary must discuss D.3.2 Discussions with the employee potentially excess employee(s) will be held to consider: (i) measures that which might be taken to resolve reduce the employee’s potentially excess status, including:incidence of an employee becoming excess; (aii) redeployment opportunities for the employee at or below employee(s) concerned, including identifying whether the employee’s existing levelemployee(s) seek redeployment; and (b) referral to career advisory services; and (ciii) whether voluntary redundancy retrenchment might be appropriateappropriate and whether the employee(s) want to be offered voluntary retrenchment. (3) If D.3.3 The discussions will take place over such time as is reasonable, having regard to the particular matters under discussion and the need for potential excess-staff situations to be resolved quickly. D.3.4 Where an employee nominates a representative, the Secretary must hold the discussions Director-General, delegate or relevant manager will consult with the employee’s 's representative. (4) Before D.3.5 The Director-General may, prior to the discussions conclusion of these discussions, invite employees who are over, the Secretary may ask an employee who is not an potentially excess employee to express interest in voluntary redundancy if that retrenchment, where those retrenchments would permit the redeployment of an employee employees who is excess and would otherwise be subject to redundancyare potentially excess. (5) D.3.6 The Secretary may Director-General will identify an employee the employees who is are excess to the Department’s ONA's requirements: (ai) after the discussions under subclause (2) in Clause D.3.2 have been held; or (bii) if where the employee or or, where they choose, their representative has declined to discuss the employee’s representative declines to attend discussions – no less than 1 matter, one month after the Secretary Director-General has told advised the employee that the employee is likely to become an excess employee. (6) After identifying an excess employeeunder D3.1, the Secretary must tell the employee and may immediately advise those employees in writing that the employee is they are excess. (7) The Secretary must establish, through consultation with identified employees, the D.3.7 Where 15 or more employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess, the Director-General will advise the employees of their likely status not less than one month before an invitation to express interest in voluntary retrenchment is made, or the employees are advised that they are excess. Where 15 or more employees are likely to become excess, the Director-General will also invite employee representatives nominated by the employees to participate in the discussions referred to in Clause D.3.2. (11) D.3.8 Where an employee takes a voluntary redundancy under subclause (10)the Director-General declares 15 or more employees excess, the employee provisions of s660 and s668 of the WR Act will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06apply.

Consultation Process. (1) If 3.1 When the Secretary considers CEO is aware that an employee is likely to become an excess employeeexcess, the Secretary must tell CEO will advise the employee in writing as soon as practicable, and give of the employee written reasons why the employee is likely to become excesssituation. (2) 3.2 The Secretary must discuss CEO will arrange for discussions to be held with the employee or, where the employee requests, with the employee’s representative, to consider measures that might could be taken to resolve the employee’s potentially excess statussituation, including: (a) including redeployment opportunities for the employee at or below their substantive level. 3.3 Should it be decided that 15 or more employees are likely to be terminated on the employee’s existing level; andgrounds that they are excess to the requirements of Austrade, the CEO will comply with the requirements of sections 660 and 668 of the Workplace Relations Act 1996. The written advice to Centrelink will include: (a) the possible retrenchments and the reasons for them; (b) referral the numbers and categories of employees likely to career advisory servicesbe affected; and (c) whether voluntary redundancy might be appropriatethe time when, or the period over which, the CEO intends to carry out the retrenchments. (3) If 3.4 At the employee nominates a representativerequest of affected employees, representatives of those employees may be invited by the Secretary must hold CEO to participate in discussions on measures to mitigate the discussions with the employee’s representativepossible retrenchments. (4) Before 3.5 The CEO may, before the discussions conclusion of these discussions, invite employees who are overnot excess to express interest in retrenchment, where the Secretary may ask retrenchment of those employees would permit the redeployment of employees who are in a redundancy situation and who would otherwise remain excess. 3.6 Where an employee who is not an excess wishes to be made redundant, the decision as to whether or not to make that employee to express interest in voluntary redundancy if that would permit redundant remains with the redeployment of an employee who is excess and would otherwise be subject to redundancyCEO. (5) The Secretary may identify an employee who is excess to the Department’s requirements: (a) after the discussions under subclause (2) have been held; or (b) if the employee or the employee’s representative declines to attend discussions – no less 3.7 No earlier than 1 one month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) The Secretary must take reasonable steps, consistent with the interests initial notification of the efficient administration of the Department, to transfer likelihood that an excess employee to a suitable vacancy at the same level within the Department. (10) Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1unless a lesser period is agreed by the CEO and the employee), the employee may, with the approval CEO will identify employees who are excess to requirements and notify those employees in writing of their excess status. 3.8 Employees who are declared excess will be eligible for reimbursement of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written cost of professional financial advice they are likely to become excessin accordance with clause 5.11 of this Agreement. (11) Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary above the severance pay entitlement provided for under clause 5.06.

Consultation Process. (1) If the Secretary considers that an employee is likely to become an excess employee, the Secretary must tell the employee in writing as soon as practicable, and give the employee written reasons why the employee is likely to become excess. (2) . The Secretary must discuss with the employee measures that might be taken to resolve the employee’s potentially excess status, including: (a) redeployment opportunities for the employee at or below the employee’s existing level; and (b) referral to career advisory services; and (c) whether voluntary redundancy might be appropriate. (3) . If the employee nominates a representative, the Secretary must hold the discussions with the employee’s representative. (4) . Before the discussions are over, the Secretary may ask an employee who is not an excess employee to express interest in voluntary redundancy if that would permit the redeployment of an employee who is excess and would otherwise be subject to redundancy. (5) . The Secretary may identify an employee who is excess to the Department’s requirements: (a) : after the discussions under subclause (2) have been held; or (b) or if the employee or the employee’s representative declines to attend discussions – no less than 1 month after the Secretary has told the employee that the employee is likely to become an excess employee. (6) . After identifying an excess employee, the Secretary must tell the employee in writing that the employee is excess. (7) . The Secretary must establish, through consultation with identified employees, the employees who want to be offered voluntary redundancy immediately and the employees who seek redeployment. (8) . The Secretary must, in writing, tell an employee seeking redeployment that the employee is excess (if this has not already happened) and that the employee may, at their request, be referred to career advisory services. (9) . The Secretary must take reasonable steps, consistent with the interests of the efficient administration of the Department, to transfer an excess employee to a suitable vacancy at the same level within the Department. (10) . Despite subclauses (2) to (9), if an AGS employee is told in writing the employee is likely to become excess under subclause (1), the employee may, with the approval of the Secretary, fast-track the redundancy process. In these circumstances, the employee may decide to take a voluntary redundancy effective no later than 2 weeks after the written advice they are likely to become excess. (11) . Where an employee takes a voluntary redundancy under subclause (10), the employee will be paid additional severance payment equal to 8 weeks’ salary (in accordance with clause 11.08) above the severance pay entitlement provided for under clause 5.0611.07.