Common use of Redundancy benefit Clause in Contracts

Redundancy benefit. An employee who elects for redundancy with a redundancy benefit and whose employment is terminated by the CEO under section 29 of the PSA on the grounds that they are excess to requirements, 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. The minimum payment will be four weeks salary and the maximum will be 48 weeks salary. The redundancy benefit will be calculated on a pro-rata basis for any period where you have worked part-time hours during your period of service and you have less than 24 years full-time service, subject to any minimum amount you are entitled to under the NES. For the purposes of calculating any payment, salary will include: your salary at your ongoing classification; HDA payments where you have been receiving HDA continuously for a period of at least 12 months immediately preceding your notification of termination date; and an allowance in the nature of salary, where that has been paid during periods of annual leave and on a regular basis and is not a reimbursement for expenses incurred. Calculating service for redundancy pay purposes In calculating a redundancy benefit, service that will count is: service in an APS Agency; Government Service as defined in section 10 of the LSL Act; service with the Commonwealth, which is recognised for long service leave purposes, other than service with a Joint Commonwealth-State body or body corporate in which the Commonwealth does not have a controlling interest; service with the ADF; service in another organisation where: you were transferred from the APS to that organisation with a transfer of function; or you were engaged by that organisation on work within a function and subsequently engaged as an APS employee as a result of the transfer of that function to the APS; and such function is recognised for long service leave purposes. For periods of service to count there must be no breaks between the periods of service, except where the break in service is less than four weeks and occurs where an offer of employment with the new employer was made and accepted by you before ceasing employment with the preceding employer. In calculating a redundancy benefit, service will not count if it ceased: on any of the grounds for termination specified in section 29 of the PSA (including any additional grounds prescribed in the Public Service regulations); on a ground equivalent to any of these grounds in subclause 11.24.a; through voluntary retirement at or above the minimum retiring age applicable to you; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit. Absences from work that do not count as service for long service leave purposes will not count as service in calculating a redundancy benefit. Period of notice Where an excess employee’s employment is to be terminated under section 29 of the PSA by accepting a voluntary redundancy they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. If you request, and the CEO agrees, that your employment be terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. The CEO will approve reasonable time off with full pay for you to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the CEO will reimburse agreed reasonable travel and incidental expenses. Involuntary redundancy provisions Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where you have 20 or more years of service or are over 45 years of age; or seven months for all other employees. If you are entitled to a redundancy payment under the NES, the retention period at clause 11.29 will be reduced by the number of weeks redundancy pay that you will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the CEO deems an extension as a result of a period of leave taken to be reasonable. Where the CEO is satisfied that there is insufficient productive work available for you during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the CEO may terminate your employment under section 29 of the PSA; and upon termination, you will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under sub-clause) and this payment will be taken to include the payment in lieu of notice of termination of employment; plus your NES entitlement to redundancy pay. Redeployment Employees on retention will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the NDIA. During the retention period, the CEO: will take all reasonable steps to find alternative employment for you; and/or may reduce your classification with the appropriate notice in order to secure you alternative employment, subject to the conditions set out in clauses 11.37 and 11.38 below. During the retention period you will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the CEO proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years continuous service, will be given five weeks’ notice. If classification reduction occurs before the end of the retention period, you will receive payments to maintain your salary level for the balance of the retention period. The CEO may choose to apply this provision where the reduction is to a lower level classification and salary in another Agency where you are employed under the PSA. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the PSA at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If you are terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. Definitions In this Agreement the following definitions apply: ACN Agency Consultative Network – a network established to have open and direct consultation regarding workplace matters ADF Australian Defence Force Agency National Disability Insurance Agency (also referred to as the NDIA) Agreement National Disability Insurance Agency Enterprise Agreement 2020-2023 APS Australian Public Service ARIA Accessibility/Remoteness Index of Australia – a tool used to define the remoteness of locations Casual employee an employee who is engaged on an irregular or intermittent basis under section 22(2)(c) of the PS Act CEO Chief Executive Officer - the person for the time being performing the duties of CEO of the NDIA or their delegate CFTS Continuous Full Time Service – a type of Reserve employment in the ADF CPI Consumer Price Index – a general economic indicator of price changes in relation to goods and services CSS Commonwealth Superannuation Scheme - a superannuation scheme that closed to new members from 1 July 1990 Delegate a person authorised by the CEO to be a delegate of the CEO under the terms of this Agreement Dependant unless defined elsewhere means a spouse/partner of the employee or a child or parent of the employee or a member of the employee’s household who is wholly or substantially dependent upon the employee Employee a person employed by the NDIA under the PS Act, whether full-time or part-time, in an ongoing, non-ongoing or intermittent capacity ETT Excess Travel Time – relates to an allowance where the NDIA initiates a change to the employee’s primary place of work and additional time is necessarily spent on travel Executive Level employee (EL) Executive Level 1 (EL1) or Executive Level 2 (EL2) employees and their equivalent Employee representative any person whom the employee(s) nominates or elects to represent and/or act on their behalf. This may include providers, support workers of employees with disability, workplace delegates and other employees Family or Immediate Family the definition of immediate family under the FWA and traditional kinship relationships Flextime the provision to work shorter or longer hours than your normal work pattern FWA Fair Work Act 2009 – the legislative framework that provides a workplace relations system and laws for all Australian workplaces FWC Fair Work Commission - Australia's national workplace relations tribunal GST Goods and Services Tax - a broad-based tax of 10 per cent on most goods, services and other items sold or consumed in Australia HDA Higher Duties Allowance - paid where an employee is temporarily assigned to perform all duties at a higher classification IFA Individual Flexibility Arrangement - an arrangement requested by the employee and agreed by the NDIA that varies the effect of certain conditions of the EA Location area within a particular region (for example, within a reasonable distance in a geographical area) LSL Act Long Service Leave (Commonwealth Employees) Act 1976 Manager the person to whom you generally report on a day to day basis for work related matters, and may include a person referred to as a supervisor Mature Age refers to anyone over the age of 45, as defined by the Australian Bureau of Statistics ML Act Maternity Leave (Commonwealth Employees) Act 1973 NAIDOC National Aborigines and Islanders Day Observance Committee – responsible for increasing awareness in the wider community of Aboriginal and Xxxxxx Xxxxxx Islander cultures NDIA National Disability Insurance Agency (also known as the Agency)

Redundancy benefit. K22 An employee who elects for redundancy retrenchment with a redundancy benefit and whose employment is terminated by the CEO Agency Head (delegate) under section 29 of the PSA Public Service Act 1999 on the grounds that they are he/she is excess to requirements, the requirements of OPH is entitled to payment of a redundancy benefit of an amount equal to two weeks (2) 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 NESNational Employment Standards. K23 The minimum payment sum payable will be four weeks salary and the maximum will be 48 weeks salary. K24 The redundancy benefit will be calculated on a pro-rata basis for any period where you have an employee has worked part-time hours during your his or her period of service and you have the employee has less than 24 years full-time service, subject to any minimum amount you are the employee is entitled to under the NESNational Employment Standards. For the purposes of calculating any payment, salary will include: your salary at your ongoing classification; HDA payments where you have been receiving HDA continuously Service for a period of at least 12 months immediately preceding your notification of termination date; and an allowance in the nature of salary, where that has been paid during periods of annual leave and on a regular basis and is not a reimbursement Severance Pay Purposes K25 Service for expenses incurred. Calculating service for redundancy severance pay purposes In calculating a redundancy benefit, service that will count ismeans: service in an APS Agency; Government Service OPH government service as defined in section 10 of the LSL Act; Long Service Leave (Commonwealth Employees) Act 1976 service with the Commonwealth, which is recognised for long service leave purposes, Commonwealth (other than service with a Joint joint Commonwealth-State body or state body corporate in which the Commonwealth does not have a controlling interest; ) which is recognised for Long Service Leave purposes service with the ADF; Australian Defence Forces service in another organisation where: you were transferred agency, where the employee was moved from the APS to that organisation agency with a transfer of function; or you were an employee engaged by that organisation agency on work within a function and subsequently engaged as an APS employee is appointed as a result of the transfer of that function to the APS; and such function service is recognised for long service leave purposes. Long Service Leave purposes K26 For earlier periods of service to count there must be no breaks between the periods of service, except where where: the break in service is was less than four weeks one month and occurs occurred where an offer of employment with in relation to the new employer second period of service was made and accepted by you the employee before ceasing employment the first period of service ended (whether or not the two periods of service are with the preceding employer. In calculating a redundancy benefit, same employer or agency) the earlier period of service will not count if it ceased: was with the APS and ceased because the employee was deemed to have resigned from the APS on any marriage under the repealed section 49 of the grounds for termination specified in section 29 of the PSA (including any additional grounds prescribed in the Public Service regulations); on Act 1922 | K27 Any period of service which was terminated by way of: an employee being excess to requirements an employee lacking or losing an essential qualification physical or mental incapacity non-performance or unsatisfactory performance of duties failure to complete an entry-level training course failure to meet a ground equivalent to any condition imposed under subsection 22(6) of these grounds in subclause 11.24.a; through the Public Service Act 1999 breach of the APS Code of Conduct voluntary retirement at or above the minimum retiring age applicable to you; the employee, or with the payment of a redundancy benefit or similar payment, or with the payment or of an employer-financed retirement benefit. benefit will not count as service for severance pay purposes K28 Absences from work that work, which do not count as service for long service leave Long Service Leave purposes will not count as service in calculating a redundancy benefit. Period of notice Where an excess employee’s employment is to be terminated under section 29 of the PSA by accepting a voluntary redundancy they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. If you request, and the CEO agrees, that your employment be terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. The CEO will approve reasonable time off with full severance pay for you to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the CEO will reimburse agreed reasonable travel and incidental expenses. Involuntary redundancy provisions Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where you have 20 or more years of service or are over 45 years of age; or seven months for all other employees. If you are entitled to a redundancy payment under the NES, the retention period at clause 11.29 will be reduced by the number of weeks redundancy pay that you will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the CEO deems an extension as a result of a period of leave taken to be reasonable. Where the CEO is satisfied that there is insufficient productive work available for you during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the CEO may terminate your employment under section 29 of the PSA; and upon termination, you will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under sub-clause) and this payment will be taken to include the payment in lieu of notice of termination of employment; plus your NES entitlement to redundancy pay. Redeployment Employees on retention will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the NDIA. During the retention period, the CEO: will take all reasonable steps to find alternative employment for you; and/or may reduce your classification with the appropriate notice in order to secure you alternative employment, subject to the conditions set out in clauses 11.37 and 11.38 below. During the retention period you will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the CEO proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years continuous service, will be given five weeks’ notice. If classification reduction occurs before the end of the retention period, you will receive payments to maintain your salary level for the balance of the retention period. The CEO may choose to apply this provision where the reduction is to a lower level classification and salary in another Agency where you are employed under the PSA. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the PSA at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If you are terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. Definitions In this Agreement the following definitions apply: ACN Agency Consultative Network – a network established to have open and direct consultation regarding workplace matters ADF Australian Defence Force Agency National Disability Insurance Agency (also referred to as the NDIA) Agreement National Disability Insurance Agency Enterprise Agreement 2020-2023 APS Australian Public Service ARIA Accessibility/Remoteness Index of Australia – a tool used to define the remoteness of locations Casual employee an employee who is engaged on an irregular or intermittent basis under section 22(2)(c) of the PS Act CEO Chief Executive Officer - the person for the time being performing the duties of CEO of the NDIA or their delegate CFTS Continuous Full Time Service – a type of Reserve employment in the ADF CPI Consumer Price Index – a general economic indicator of price changes in relation to goods and services CSS Commonwealth Superannuation Scheme - a superannuation scheme that closed to new members from 1 July 1990 Delegate a person authorised by the CEO to be a delegate of the CEO under the terms of this Agreement Dependant unless defined elsewhere means a spouse/partner of the employee or a child or parent of the employee or a member of the employee’s household who is wholly or substantially dependent upon the employee Employee a person employed by the NDIA under the PS Act, whether full-time or part-time, in an ongoing, non-ongoing or intermittent capacity ETT Excess Travel Time – relates to an allowance where the NDIA initiates a change to the employee’s primary place of work and additional time is necessarily spent on travel Executive Level employee (EL) Executive Level 1 (EL1) or Executive Level 2 (EL2) employees and their equivalent Employee representative any person whom the employee(s) nominates or elects to represent and/or act on their behalf. This may include providers, support workers of employees with disability, workplace delegates and other employees Family or Immediate Family the definition of immediate family under the FWA and traditional kinship relationships Flextime the provision to work shorter or longer hours than your normal work pattern FWA Fair Work Act 2009 – the legislative framework that provides a workplace relations system and laws for all Australian workplaces FWC Fair Work Commission - Australia's national workplace relations tribunal GST Goods and Services Tax - a broad-based tax of 10 per cent on most goods, services and other items sold or consumed in Australia HDA Higher Duties Allowance - paid where an employee is temporarily assigned to perform all duties at a higher classification IFA Individual Flexibility Arrangement - an arrangement requested by the employee and agreed by the NDIA that varies the effect of certain conditions of the EA Location area within a particular region (for example, within a reasonable distance in a geographical area) LSL Act Long Service Leave (Commonwealth Employees) Act 1976 Manager the person to whom you generally report on a day to day basis for work related matters, and may include a person referred to as a supervisor Mature Age refers to anyone over the age of 45, as defined by the Australian Bureau of Statistics ML Act Maternity Leave (Commonwealth Employees) Act 1973 NAIDOC National Aborigines and Islanders Day Observance Committee – responsible for increasing awareness in the wider community of Aboriginal and Xxxxxx Xxxxxx Islander cultures NDIA National Disability Insurance Agency (also known as the Agency)purposes.

Redundancy benefit. An employee who elects for redundancy retrenchment with a redundancy benefit and whose employment is terminated by the CEO Agency Head under section 29 s.29 of the PSA PS Act on the grounds that they are he/she is excess to requirementsthe requirements of the agency, is entitled to to: payment of a redundancy benefit of an amount equal to two weeks [2] 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. The minimum payment sum payable will be four weeks [4] weeks’ salary and the maximum will be 48 weeks weeks’ salary. The redundancy benefit will be calculated on a pro-pro rata basis for any period where you have an employee has worked part-time hours during your his or her period of service and you have the employee has less than 24 years years’ full-time service, subject to any minimum amount you are the employee is entitled to under the NES. For Calculating redundancy payments Redundancy payments will be calculated on: the purposes employee’s salary on the date of calculating any payment, salary will include: your salary at your ongoing classificationtermination; HDA payments higher duties allowance where you have been receiving HDA continuously the employee has received the allowance for a continuous period of at least 12 months immediately preceding your notification the date on which the employee is given notice of termination dateof employment; and an allowance allowances in the nature of salary, where that has been salary which are paid during periods of annual leave and on a regular basis and is not basis, excluding allowances which are a reimbursement for expenses incurred, or a payment for disabilities associated with the performance of duty. Calculating service Service for the purposes of calculating redundancy pay purposes In calculating a redundancy benefit, service that will count ispayments means: service in an APS Agencythe NBA; Government Service service as defined in section 10 of the LSL ActLong Service Leave (Commonwealth Employees) Act 1976; service with the Commonwealth, which is recognised for long service leave purposes, Commonwealth (other than service with a Joint joint Commonwealth-State body or body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes; service with the ADFAustralian Defence Force; APS service immediately preceding deemed resignation (as defined), if the service has not previously been recognised for redundancy pay purposes; and service in another organisation where: you were where the employee was transferred from the APS to that organisation with a transfer of function; function or you were the employee engaged by that organisation on work within a function and subsequently engaged as an APS employee is appointed as a result of the transfer of that function to the APS; APS and such function service is recognised for long service leave purposes. Periods of service that will not count as service for redundancy pay purposes are any periods of service that ceased by way of: termination under s.29 of the PS Act; prior to the commencement of the PS Act, by way of redundancy; retirement on the grounds of invalidity, inefficiency or loss of qualifications, forfeiture of office, dismissal or termination of probationary appointment for reasons of unsatisfactory service; voluntary retirement at or above the minimum retiring age applicable to the employee; or payment of an employer-financed retirement benefit. For earlier periods of service to count count, there must be no breaks between the periods of service, except where the break in service is less than four weeks one [1] month and occurs where an the offer of employment with in relation to the new employer second period was made and accepted by you the employee before ceasing employment the first period of service ended (whether or not the two [2] periods of service were with the preceding same agency or employer. In calculating a redundancy benefit, service will not count if it ceased: on any of the grounds for termination specified in section 29 of the PSA (including any additional grounds prescribed in the Public Service regulations); on a ground equivalent to any of these grounds in subclause 11.24.a; through voluntary retirement at or above the minimum retiring age applicable to you; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit. Absences from work that which do not count as service for long service leave purposes any purpose will not count as service in calculating a redundancy benefit. Period of notice Where an excess employee’s employment is to be terminated under section 29 of the PSA by accepting a voluntary redundancy they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. If you request, and the CEO agrees, that your employment be terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. The CEO will approve reasonable time off with full pay for you to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the CEO will reimburse agreed reasonable travel and incidental expenses. Involuntary redundancy provisions Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where you have 20 or more years of service or are over 45 years of age; or seven months for all other employees. If you are entitled to a redundancy payment under the NES, the retention period at clause 11.29 will be reduced by the number of weeks redundancy pay that you will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the CEO deems an extension as a result of a period of leave taken to be reasonable. Where the CEO is satisfied that there is insufficient productive work available for you during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the CEO may terminate your employment under section 29 of the PSA; and upon termination, you will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under sub-clause) and this payment will be taken to include the payment in lieu of notice of termination of employment; plus your NES entitlement to redundancy pay. Redeployment Employees on retention will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the NDIA. During the retention period, the CEO: will take all reasonable steps to find alternative employment for you; and/or may reduce your classification with the appropriate notice in order to secure you alternative employment, subject to the conditions set out in clauses 11.37 and 11.38 below. During the retention period you will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the CEO proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years continuous service, will be given five weeks’ notice. If classification reduction occurs before the end of the retention period, you will receive payments to maintain your salary level for the balance of the retention period. The CEO may choose to apply this provision where the reduction is to a lower level classification and salary in another Agency where you are employed under the PSA. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the PSA at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If you are terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. Definitions In this Agreement the following definitions apply: ACN Agency Consultative Network – a network established to have open and direct consultation regarding workplace matters ADF Australian Defence Force Agency National Disability Insurance Agency (also referred to as the NDIA) Agreement National Disability Insurance Agency Enterprise Agreement 2020-2023 APS Australian Public Service ARIA Accessibility/Remoteness Index of Australia – a tool used to define the remoteness of locations Casual employee an employee who is engaged on an irregular or intermittent basis under section 22(2)(c) of the PS Act CEO Chief Executive Officer - the person for the time being performing the duties of CEO of the NDIA or their delegate CFTS Continuous Full Time Service – a type of Reserve employment in the ADF CPI Consumer Price Index – a general economic indicator of price changes in relation to goods and services CSS Commonwealth Superannuation Scheme - a superannuation scheme that closed to new members from 1 July 1990 Delegate a person authorised by the CEO to be a delegate of the CEO under the terms of this Agreement Dependant unless defined elsewhere means a spouse/partner of the employee or a child or parent of the employee or a member of the employee’s household who is wholly or substantially dependent upon the employee Employee a person employed by the NDIA under the PS Act, whether full-time or part-time, in an ongoing, non-ongoing or intermittent capacity ETT Excess Travel Time – relates to an allowance where the NDIA initiates a change to the employee’s primary place of work and additional time is necessarily spent on travel Executive Level employee (EL) Executive Level 1 (EL1) or Executive Level 2 (EL2) employees and their equivalent Employee representative any person whom the employee(s) nominates or elects to represent and/or act on their behalf. This may include providers, support workers of employees with disability, workplace delegates and other employees Family or Immediate Family the definition of immediate family under the FWA and traditional kinship relationships Flextime the provision to work shorter or longer hours than your normal work pattern FWA Fair Work Act 2009 – the legislative framework that provides a workplace relations system and laws for all Australian workplaces FWC Fair Work Commission - Australia's national workplace relations tribunal GST Goods and Services Tax - a broad-based tax of 10 per cent on most goods, services and other items sold or consumed in Australia HDA Higher Duties Allowance - paid where an employee is temporarily assigned to perform all duties at a higher classification IFA Individual Flexibility Arrangement - an arrangement requested by the employee and agreed by the NDIA that varies the effect of certain conditions of the EA Location area within a particular region (for example, within a reasonable distance in a geographical area) LSL Act Long Service Leave (Commonwealth Employees) Act 1976 Manager the person to whom you generally report on a day to day basis for work related matters, and may include a person referred to as a supervisor Mature Age refers to anyone over the age of 45, as defined by the Australian Bureau of Statistics ML Act Maternity Leave (Commonwealth Employees) Act 1973 NAIDOC National Aborigines and Islanders Day Observance Committee – responsible for increasing awareness in the wider community of Aboriginal and Xxxxxx Xxxxxx Islander cultures NDIA National Disability Insurance Agency (also known as the Agency)purposes.

Redundancy benefit. An employee who elects for redundancy retrenchment with a redundancy benefit and whose employment is terminated by the CEO under section 29 s.29 of the PSA PS Act on the grounds that they are he/she is excess to requirementsthe requirements of the agency, is entitled to payment of a redundancy benefit of an amount equal to two weeks 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. The minimum payment sum payable will be four weeks 4 weeks’ salary and the maximum will be 48 weeks weeks’ salary. The redundancy benefit will be calculated on a pro-pro rata basis for any period where you have an employee has worked part-time hours during your his or her period of service and you have the employee has less than 24 years full-time service, subject to any minimum amount you are the employee is entitled to under the NES. For the purposes of calculating any paymentseverance pay, salary ‘salary’ will include: your salary at your ongoing classification; HDA payments where you have been receiving HDA continuously the employee’s full-time salary, adjusted on a pro rata basis for a any period of at least 12 months immediately preceding your notification of termination date; service where an employee has worked part-time hours and an allowance in the nature of salary, where that employee has less than 24 years full-time service allowances which have been paid during periods of annual leave and on a regular basis and is not be a reimbursement of expenses incurred or a payment for expenses incurreddisabilities associated with the performance of a duty, and additional payments for the performance of a temporary role through a reassignment of duties, where the employee has been performing duties at the higher work value level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination. Calculating Defined APS service Service for redundancy pay severance benefit purposes In calculating a redundancy benefit, service that will count ismeans: service in an APS Agency; AUSTRAC Government Service service as defined in section 10 of the LSL Act; Long Service Leave (Commonwealth Employees) Act 1976 service with the Commonwealth, which is recognised for long service leave purposes, Commonwealth (other than service with a Joint Commonwealth-State body or body corporate in which the Commonwealth does not have a controlling interest; ) which is recognised for long service leave purposes service with the ADF; Australian Defence Forces APS service immediately preceding deemed resignation under the repealed section 49 (Marriage Bar) of the Public Service Act 1922, if the service has not previously been recognised for severance pay purposes, and service in another organisation where: you were transferred where the employee was re-assigned from the APS to that organisation with a transfer of function; function or you were an employee engaged by that organisation on work within a function and subsequently engaged as an APS employee is appointed as a result of the transfer of that function to the APS; APS and such function service is recognised for long service leave purposes. For earlier periods of service to count there they must be no breaks between the periods of servicecontinuous, except where where: the break in service is less than four weeks one month and occurs occurred where an offer of employment with the new employer was made and accepted by you before ceasing employment with the preceding employer. In calculating a redundancy benefit, or the earlier period of service will not count if it ceased: on any was with the APS and terminated under the repealed section 49 (Marriage Bar) of the grounds for termination specified in section 29 of the PSA (including any additional grounds prescribed in the Public Service regulations); Act 1922. Any period of service which ceased: through termination on the following grounds, or on a ground equivalent to any of these grounds the following grounds: the employee lacks, or has lost, an essential qualification for performing his or her duties non-performance, or unsatisfactory performance, of duties inability to perform duties because of physical or mental incapacity failure to satisfactorily complete an entry level training course failure to meet a condition imposed under subsection 22(6) of the PS Act, or a breach of the APS Code of Conduct. on a ground equivalent to a ground listed in subclause 11.24.a; subparagraph (a) above under the repealed PS Act, or through voluntary retirement at or above the minimum retiring age applicable to you; the employee, or with the payment of a redundancy benefit or similar payment or an employer-employer financed retirement benefit, will not count as service for severance pay purposes. Absences from work that do not count as service for long service leave purposes will not count as service in calculating a redundancy benefit. Period of notice Where an excess employee’s employment is to be terminated under section 29 of the PSA by accepting a voluntary redundancy they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. If you request, and the CEO agrees, that your employment be terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. The CEO will approve reasonable time off with full pay for you to attend necessary employment interviews from the start of the notice period. Where expenses to attend interviews are not met by the prospective employer, the CEO will reimburse agreed reasonable travel and incidental expenses. Involuntary redundancy provisions Retention period An excess employee who does not agree to be retrenched with the payment of a redundancy severance benefit will be entitled to the following period of retention, commencing from the date one month after the employee received their offer of voluntary redundancy: 13 months where you have 20 or more years of service or are over 45 years of age; or seven months for all other employees. If you are entitled to a redundancy payment under the NES, the retention period at clause 11.29 will be reduced by the number of weeks redundancy pay that you will be entitled to under the NES on termination, as at the expiration of the retention period (as adjusted by this clause). The retention period will not be extended by periods of leave taken by the excess employee unless, after considering the circumstances of the individual case, the CEO deems an extension as a result of a period of leave taken to be reasonable. Where the CEO is satisfied that there is insufficient productive work available for you during the remainder of the retention period and that there are no reasonable redeployment prospects in the APS: the CEO may terminate your employment under section 29 of the PSA; and upon termination, you will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under sub-clause) and this payment will be taken to include the payment in lieu of notice of termination of employment; plus your NES entitlement to redundancy pay. Redeployment Employees on retention will be considered in isolation from and not in competition with other applicants when seeking assignment to another position within the NDIA. During the retention period, the CEO: will take all reasonable steps to find alternative employment for you; and/or may reduce your classification with the appropriate notice in order to secure you alternative employment, subject to the conditions set out in clauses 11.37 and 11.38 below. During the retention period you will: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other agreed arrangements to assist in obtaining a permanent placement. Excess employees are entitled to necessary leave with pay and assistance in meeting reasonable travel and incidental expenses when seeking alternative employment, where these are not met by the prospective employer. Reduction in classification Where the CEO proposes to reduce an excess employee’s classification as a means of securing alternative employment, the employee will be given four weeks’ notice or, if over 45 years of age with at least five years continuous service, will be given five weeks’ notice. If classification reduction occurs before the end of the retention period, you will receive payments to maintain your salary level for the balance of the retention period. The CEO may choose to apply this provision where the reduction is to a lower level classification and salary in another Agency where you are employed under the PSA. Period of notice – termination of the retention period An excess employee’s employment will be terminated under section 29 of the PSA at the end of their retention period. Where an excess employee’s employment is to be terminated they will be given four weeks’ notice. Employees over 45 years of age with at least five years continuous service will be given five weeks’ notice. This notice period will, as far as practicable, be concurrent with the employee’s retention period. If you are terminated within this notice period, you will be paid compensation for the unexpired portion of the notice period equal to the hours you would have worked during the notice period had your employment not been terminated. Definitions In this Agreement the following definitions apply: ACN Agency Consultative Network – a network established to have open and direct consultation regarding workplace matters ADF Australian Defence Force Agency National Disability Insurance Agency (also referred to as the NDIA) Agreement National Disability Insurance Agency Enterprise Agreement 2020-2023 APS Australian Public Service ARIA Accessibility/Remoteness Index of Australia – a tool used to define the remoteness of locations Casual employee an employee who is engaged on an irregular or intermittent basis under section 22(2)(c) of the PS Act CEO Chief Executive Officer - the person for the time being performing the duties of CEO of the NDIA or their delegate CFTS Continuous Full Time Service – a type of Reserve employment in the ADF CPI Consumer Price Index – a general economic indicator of price changes in relation to goods and services CSS Commonwealth Superannuation Scheme - a superannuation scheme that closed to new members from 1 July 1990 Delegate a person authorised by the CEO to be a delegate of the CEO under the terms of this Agreement Dependant unless defined elsewhere means a spouse/partner of the employee or a child or parent of the employee or a member of the employee’s household who is wholly or substantially dependent upon the employee Employee a person employed by the NDIA under the PS Act, whether full-time or part-time, in an ongoing, non-ongoing or intermittent capacity ETT Excess Travel Time – relates to an allowance where the NDIA initiates a change to the employee’s primary place of work and additional time is necessarily spent on travel Executive Level employee (EL) Executive Level 1 (EL1) or Executive Level 2 (EL2) employees and their equivalent Employee representative any person whom the employee(s) nominates or elects to represent and/or act on their behalf. This may include providers, support workers of employees with disability, workplace delegates and other employees Family or Immediate Family the definition of immediate family under the FWA and traditional kinship relationships Flextime the provision to work shorter or longer hours than your normal work pattern FWA Fair Work Act 2009 – the legislative framework that provides a workplace relations system and laws for all Australian workplaces FWC Fair Work Commission - Australia's national workplace relations tribunal GST Goods and Services Tax - a broad-based tax of 10 per cent on most goods, services and other items sold or consumed in Australia HDA Higher Duties Allowance - paid where an employee is temporarily assigned to perform all duties at a higher classification IFA Individual Flexibility Arrangement - an arrangement requested by the employee and agreed by the NDIA that varies the effect of certain conditions of the EA Location area within a particular region (for example, within a reasonable distance in a geographical area) LSL Act Long Service Leave (Commonwealth Employees) Act 1976 Manager the person to whom you generally report on a day to day basis for work related matters, and may include a person referred to as a supervisor Mature Age refers to anyone over the age of 45, as defined by the Australian Bureau of Statistics ML Act Maternity Leave (Commonwealth Employees) Act 1973 NAIDOC National Aborigines and Islanders Day Observance Committee – responsible for increasing awareness in the wider community of Aboriginal and Xxxxxx Xxxxxx Islander cultures NDIA National Disability Insurance Agency (also known as the Agency)purposes.