Common use of Retention periods Clause in Contracts

Retention periods. If an excess employee does not accept an offer of voluntary retrenchment, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent until the following retention periods have elapsed: if the employee has at least 20 years’ service or is 45 years or over — 13 months; for any other employee — 7 months. If an employee is entitled to a redundancy payment under the NES, the retention periods in paragraph 1 will be reduced by an amount equivalent to an employee’s redundancy entitlement under the NES calculated as at the end of the adjusted period. The retention period starts on: the day the employee is told in writing in accordance with the consultation process that that employee is excess; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — the day the Integrity Commissioner invites that employee to accept voluntary retrenchment under Clause 8.3. The retention period is extended by any period of certified sick leave taken during the retention period. Redeployment during retention period During the retention period, the Integrity Commissioner must take reasonable steps, consistent with the interests of the efficient administration of the agency, to transfer an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign an excess employee to a job at a lower classification with 4 weeks’ notice. Where this occurs before the end of the employee’s retention period, the employee will receive income maintenance to maintain the employee’s salary at the previous higher level for the balance of the retention period. Application for other positions during retention period An excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told in writing in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to reasonable travel and incidental expenses, not met by the prospective employer, to attend an employment interview. An excess employee who has to move household to a new locality because of an ongoing assignment to duties within a classification group the same as, or lower than, that employee’s approved classification before the assignment is entitled to reasonable expenses. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of the retention period, without the consent of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weeks. The notice period mentioned in paragraph 3 must, as far as practicable, be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999.

Retention periods. If an An excess employee who does not accept an offer agree to be retrenched with the payment of voluntary retrenchment, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent until a redundancy benefit will be entitled to the following period of retention periods have elapsedperiod: if the thirteen (13) months where an employee has at least 20 years’ or more years of service or is over 45 years of age; or over — 13 months; seven (7) months for any other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under in accordance with the National Employment Standards (NES), the retention periods relevant period in paragraph 1 will be Clause U.1.1(u) is reduced by an amount equivalent to an the employee’s redundancy pay entitlement under the NES calculated on termination, as at the end expiration of the retention period (as adjusted periodby this clause). For example, an employee who would otherwise be eligible for a retention period of seven months and a NES redundancy payment equivalent to 12 weeks’ salary, will be offered a retention period of seven months minus 12 weeks. The retention period starts on: will commence on the day the employee is told advised in writing in accordance by the Secretary that they are an excess employee and will be concurrent with the consultation process that that employee is excess; or if that employee is an employee who expresses interest six month period described in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — the day the Integrity Commissioner invites that employee to accept voluntary retrenchment under Clause 8.3U.1.1(a). The retention period is extended by any period of certified sick leave taken during the retention period. Redeployment during retention period During the retention period, period the Integrity Commissioner must Secretary: will continue to take reasonable stepssteps to find alternative employment for the excess employee; may, consistent with four weeks’ notice, reduce the interests excess employee’s classification (Grades 2–4) as a means of securing alternative employment for the efficient administration of the agency, to transfer excess employee. Where an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined is reduced in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign an excess employee to a job at a lower classification with 4 weeks’ notice. Where this occurs before the end of the employee’s appropriate retention period, the employee will receive income maintenance to maintain the employee’s their salary at the previous higher level for the balance of the retention period; will consider the claims of an excess employee in isolation from and not in competition with other applicants for vacancies to which an excess employee of the department seeks transfer. Application Where an employee is reduced in classification before the end of the retention period, the employee will receive income maintenance payments for the remainder of the retention period. These payments will include: the higher salary where an employee has been on a Temporary Assignment for more than 12 months continuously and the Temporary Assignment would have continued except for the excess situation; other positions allowances or loadings, not including disability or reimbursement payments, in the nature of salary which are paid during periods of leave and on a regular basis. During the retention period An excess the employee whowill: take reasonable steps to find alternative employment; and actively participate in learning and development activities, trial placements or other arrangements agreed, to assist in obtaining a permanent placement. The retention period will be extended by any periods of certified illness or injury-related Personal Leave taken during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable necessary leave with full pay to attend necessary employment interviews if the employee: has been told and assistance in writing in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to meeting reasonable travel and incidental expenses, expenses incurred in seeking alternative employment where these are not met by the prospective employer, to attend an employment interview. An excess employee who has required to move the employee’s household to a new locality because as a result of an ongoing assignment to duties within a transfer or reduction in classification group the same as, or lower than, that employee’s approved classification before the assignment is will be entitled to reasonable expenses. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner Secretary is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the their retention period and that there is no reasonable redeployment prospects prospect in the APS: , the Integrity Commissioner xxx,[with Secretary may, with the agreement of the employee, terminate the employee’s their employment under section 29 of the PS Act; and upon termination, Public Service Act 1999. Upon termination the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, U.1.1(v)) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus ; and the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process Retrenchment The Secretary may terminate an excess employee’s employment under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee Public Service Act 1999 at the end of the retention period, without the consent of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weeks. The notice period mentioned in paragraph 3 must, as far as practicable, be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999.

Retention periods. If Unless the employee agrees, an excess employee does will not accept an offer of voluntary retrenchment, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent be involuntarily retrenched until the following retention periods have elapsed: if the thirteen (13) months where an employee has at least 20 years’ or more years of service or is over 45 years of age; or over — 13 months; seven (7) months for any other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under the NES, the retention periods period in paragraph 1 Clause 122.1 will be reduced by an amount equivalent to an the employee’s redundancy pay entitlement under the NES on termination, calculated as at the end expiration of the retention period (as adjusted periodby this clause). The retention period starts onwill commence on the earlier of the following: the day the employee is told advised in writing in accordance with by the consultation process Secretary that that employee is excessthey are excess to the requirements of the department; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — one month after the day on which the Integrity Commissioner Secretary invites that the employee to accept voluntary retrenchment under Clause 8.3retrenchment. The retention period is will be extended by any period periods of certified sick leave illness or injury related Personal Leave taken during the retention period. Redeployment during retention period During the retention period, period the Integrity Commissioner must Secretary: will continue to take reasonable stepssteps to find alternative employment for the excess employee; may, consistent with 4 weeks’ notice, transfer the interests of the efficient administration of the agency, to transfer an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign an excess employee to a job at with a lower classification with 4 weeks’ noticeclassification. Where this occurs before the end of the an employee’s 's retention period, the employee will receive income maintenance to maintain the employee’s their salary at the previous higher level for the balance of the retention period. Application for other positions during retention period An ; and will consider the claims of excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy in ACLEI is entitled to be considered employees in isolation from, and not in competition with, an applicant who is not an excess employeeprior to any selection process for positions at or below level. An excess employee is entitled to reasonable leave with on full pay to attend necessary employment interviews if the employee: has been told and assistance in writing in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to meeting reasonable travel and incidental expenses, expenses incurred in seeking alternative employment where these costs are not met by the prospective employer, to attend an employment interview. An excess employee who has required to move their household to a new locality because as a result of an ongoing assignment to duties within a transfer or reduction in classification group the same as, or lower than, that employee’s approved classification before the assignment is will be entitled to reasonable expenses. Voluntary retrenchment during retention period IfWhere: an excess employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 receiving redeployment assistance from an appropriate employment agency for two months; and the employment agency certifies that employee has not previously been invited to accept voluntary retrenchmentthere is no reasonable prospect of redeployment in the APS; and the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner Secretary is satisfied that there is insufficient productive work available for the employee within the agency department during the remainder of their retention period; the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with Secretary may, with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; Public Service Act 1999 and upon termination, pay the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Sub-Clause 8.7, 122.2) and this payment will be taken to include the payment in lieu of notice of termination of employment, plus ; and the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, Where an employee is reduced in accordance with section 29 of the PS Act, the employment of an excess employee at classification before the end of the retention period, without the consent employee will receive income maintenance payments for the remainder of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weeks. The notice period mentioned in paragraph 3 must, as far as practicable, be concurrent with the retention period. Redeployment These payments will include: the higher salary where an employee has been on a Temporary Assignment for more than 12 months continuously and retrenchment provisions the Temporary Assignment would have continued except for the excess situation; other allowances or loadings, not to prevent other action This section does not prevent including disability or reimbursement payments, in the reduction in classification, or the termination nature of the employment salary which are paid during periods of an employee, because of leave and on a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999regular basis.

Retention periods. If Where an excess employee is unable to be redeployed, and does not accept an offer of elect for voluntary retrenchmentredundancy, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent employment will not be made involuntarily terminated on the ground that they are excess until the following retention periods have elapsed: if the a) 13 months where an employee has at least 20 years’ years of service or is over 45 years of age; or over — 13 months; b) seven months for any other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under the NES, the 8.23 The retention periods period in paragraph 1 clause 8.22 will be reduced by an amount the period equivalent to the employee’s NES redundancy entitlement. For example, where an employee’s 's retention period is seven months and their NES redundancy entitlement under is equivalent to twelve weeks’ salary on termination of employment, the NES calculated as at the end of the adjusted periodemployee’s actual retention period will be seven months minus twelve weeks. 8.24 The retention period starts on: the day the employee is told in writing in accordance with the consultation process that that employee is excess; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — the day the Integrity Commissioner invites that employee to accept voluntary retrenchment under Clause 8.3. The retention period is will be extended by any period periods of certified sick personal/carer’s leave for illness purposes taken during the retention period, up to a maximum of eight weeks, and subject to satisfactory medical evidence being provided. Redeployment during Where an absence for illness purposes exceeds eight weeks the Secretary may determine, on a case by case basis, whether the retention period should be further extended. 8.25 8.26 During the retention period, period the Integrity Commissioner must Secretary: a) will continue to take reasonable stepssteps to redeploy the excess employee; and/or b) may with four weeks’ notice, consistent in consultation with the interests employee, reduce the excess employee’s classification as a means of redeploying the efficient administration of the agency, to transfer excess employee. Where an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined is reduced in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign an excess employee to a job at a lower classification with 4 weeks’ notice. Where this occurs before the end of the employee’s appropriate retention period, the employee she or he will receive income maintenance continue to maintain the employee’s salary be paid at the their previous higher level be classification for the balance of the retention period. Application for other positions during During the retention period the employee: a) will take reasonable steps to find alternative employment; and b) actively participate in learning and development activities, trial placements or other arrangements agreed to, to assist in obtaining a permanent placement. 8.27 An excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy in ACLEI is entitled to will be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable leave with full pay to attend necessary employment interviews if from the employee: has been told date the employee is advised in writing that they are an excess employee or advised in accordance with writing that the consultation process that that Secretary has accepted an election by the employee is excess; or has elected to be retrenched but for voluntary redundancy under clauses 8.8 and 8.9 (during the Integrity Commissioner has not retrenched that retention period). 8.28 The Secretary may approve assistance for an excess employee under Clause 8.4. An employee is entitled to in meeting reasonable travel and incidental expenses, not met by expenses incurred in relation to the prospective employer, to attend an employment interviewemployee seeking alternative employment. 8.29 An excess employee who has required to move the employee’s household to a new locality because as a result of an ongoing assignment to duties within a classification group the same as, or lower than, that employee’s approved classification before the assignment is redeployment will be entitled to reasonable expensesrelocation costs. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of the retention period, without the consent of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weeks. The notice period mentioned in paragraph 3 must, as far as practicable, be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999.8.30

Retention periods. If an An excess employee who does not accept an offer elect for voluntary redundancy with the payment of voluntary retrenchment, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent until a redundancy benefit will be entitled to the following retention periods have elapsedperiod of retention: 56 weeks if the employee has at least 20 years’ or more years of service or is over 45 years old or over — 13 months; 30 weeks for any all other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under the NES, NES the retention periods in paragraph 1 period at clause 7.39 will be reduced by an amount equivalent to an the employee’s redundancy pay entitlement under the NES on termination, calculated as at the end expiration of the retention period (as adjusted periodby this clause). Commencement of Retention Period The retention period starts onwill commence on the earlier of the following: the day the employee is told advised in writing in accordance with by the consultation process Delegate that that they are an excess employee is excess; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — one month after the day on which the Integrity Commissioner Delegate invites that the employee to accept elect for voluntary retrenchment redundancy under Clause 8.3clause 7.25. The retention period is will be extended by any period periods of certified sick personal/carer’s leave for purposes of personal illness/injury taken during the retention period. Redeployment during retention period Employer Responsibilities During the retention period, period the Integrity Commissioner must Delegate: will continue to take reasonable stepssteps to find alternative employment for the excess employee, consistent with including advising the interests employee of the efficient administration of the agency, to transfer an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access any APS employment opportunities known to the APS-wide redeployment mechanisms as outlined in Delegate and providing up to $5,000 for career transition support to be approved by the APS Redeployment Policy (April 2011)Delegate and may, and any successor policy. The Integrity Commissioner may re-assign an with four weeks’ notice, move the excess employee to a job at with a lower classification with 4 weeks’ noticeAPS classification. Where this occurs before the end of the employee’s retention period, the The employee will receive income maintenance to maintain the employee’s their salary at the previous higher level for the balance of the retention period. Application for other positions during Employee Obligations During the retention period the employee 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. Assistance for Reasonable Incurred Expenses An excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy may request assistance in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told in writing in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to meeting reasonable travel and incidental expenses, expenses incurred in seeking alternative employment if these are not met by the prospective employer, to attend . Where an employment interview. An excess employee who has is required to move their household to a new locality because as a result of an ongoing assignment to duties within a movement or reduction in classification group the same as, or lower than, that employee’s approved classification before the assignment is they will be entitled to reasonable expensesexpenses as determined by the Delegate. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. RETENTION PERIOD – EARLY TERMINATION Where the Integrity Commissioner Delegate is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the retention period and that there is are no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with Delegate may, with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; Act and upon termination, the employee will be paid a lump sum comprising: comprising payment for the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7clause 7.40), and this payment which will be taken to include the payment in lieu of notice of termination of employment, plus employment and the employee’s NES entitlement to redundancy pay. Involuntary termination INVOLUNTARY TERMINATION OF EMPLOYMENT Subject to the consultation process under this sectionclauses 7.49 to 7.50, the Integrity Commissioner may terminateDelegate will, in accordance with under section 29 of the PS Act, involuntarily terminate the employment of an excess employee at the end of the retention period, without the consent of the employee. An excess employee must will not have his or her their employment terminated involuntarily if that employee: the employee has not been invited to accept an offer of voluntary retrenchment; redundancy or if the employee has elected to be retrenched have their employment terminated but the Integrity Commissioner Delegate has not retrenched that employee under Clause 8.4refused to approve it. An excess employee must will not have his or her their employment terminated involuntarily without being given four weeks’ notice (or five weeks’ notice for an employee over 45 with at least five years of terminationcontinuous service) of termination of employment, or payment in lieu of notice, . These periods of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weeks. The notice period mentioned in paragraph 3 mustwill, as far as practicable, be concurrent with the retention periodperiods. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the The Department will provide notice of termination of employment to each excess employee. TERMINATION OF NON-ONGOING EMPLOYMENT Clauses 7.52 to 7.53 apply to non-ongoing employees, other than Expeditioner employees. Non-ongoing employment may be terminated for reasons other than misconduct, including (but not limited to) where: the duties for which the employee was engaged are no longer available the duties for which the employee was engaged have been completed ahead of time a decision has been made that the duties for which the employee was engaged are no longer required to be performed there is unsatisfactory performance or any other grounds as provided for in this Agreement. Where the employment of an employeea non-ongoing employee is terminated for reasons other than misconduct, because the Delegate may approve a payment to the employee at the applicable rate of a breach pay in accordance with Table 7.53.1. Such payment will be considered to include payment in lieu of any required period of notice under section 117 of the Code FW Act, subject to payment meeting the minimum notice requirements of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999.that Act. TABLE 7.53.1

Retention periods. If Where an excess employee does has not accept accepted an offer of voluntary retrenchment, the Integrity Commissioner must excess employee will not terminate his or her employment in accordance with section 29 of be involuntarily terminated by the PS Act without that employee’s consent CEO until the following retention periods have elapsed: if the 56 weeks where an employee has at least 20 years’ or more years of service or is over 45 years of age; or over — 13 months; 30 weeks for any other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under the NES, the retention periods in paragraph 1 period at clauses 58.1(a) and 58.1(b) above, is reduced by the number of weeks redundancy pay that the employee will be reduced by an amount equivalent entitled to an employee’s redundancy entitlement under the NES on termination, calculated as at the end expiration of the retention period (as adjusted periodby this clause). Retention period commencement The retention period starts onwill commence on the earlier of the following: the day the employee is told advised in writing in accordance with by the consultation process CEO that that employee is excess; or if that the employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — excess employee; or one month after the day on which the Integrity Commissioner CEO invites that the employee to accept voluntary retrenchment under Clause 8.3elect to be voluntarily retrenched. The Redeployment attempts During a retention period is extended by any period of certified sick leave taken during the retention period. Redeployment during retention period During CEO and the retention period, the Integrity Commissioner must take reasonable steps, consistent with the interests of the efficient administration of the agency, to transfer an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access take reasonable steps to find alternative employment for the APS-wide redeployment mechanisms as outlined in excess employee, this may include the APS Redeployment Policy (April 2011), and any successor policyprovision of appropriate training. Travel expenses incurred The Integrity Commissioner may re-assign an excess employee to a job at a lower classification with 4 weeks’ notice. Where this occurs before the end of the employee’s retention period, the employee will receive income maintenance to maintain the employee’s salary at the previous higher level for the balance of the retention period. Application for other positions during retention period An excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy may request assistance in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told in writing in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to meeting reasonable travel and incidental expenses, expenses incurred in seeking alternative employment where these expenses are not met by the a prospective employer, to attend an . Termination of employment interview. An excess employee who has to move household to a new locality because of an ongoing assignment to duties within a classification group the same as, or lower than, that employee’s approved classification before the assignment is entitled to reasonable expenses. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner is satisfied that CEO believes there is insufficient productive work available for the an excess employee within the agency during the remainder of retention period, the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with the agreement of the employee, CEO may terminate the employee’s employment under section 29 of the PS Act; and upon termination, the employee will be paid pay a lump sum comprising: the balance of the retention period (as shortened for the NES NES) under paragraph 2 of Clause 8.7, clauses 58.1 and 58.2 and this payment will be taken to include the payment in lieu of notice of termination of employment, plus plus; the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of the retention period, without the consent of the employee. Notice period An excess employee must will not have his or her employment be involuntarily terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given four weeks’ notice of termination, (or payment in lieu of notice, of at least: if that five weeks’ notice for an employee is over 45 years of age with at least 5 five years of continuous service — 5 weeks; or in any other case — 4 weeksservice). The Wherever possible, this notice period mentioned in paragraph 3 must, as far as practicable, will be concurrent with the retention period. Redeployment and retrenchment provisions not Reduction in classification During a retention period, the CEO: will continue to prevent other action This section does not prevent take reasonable steps to find alternative employment for the excess employee; and/or may, with four weeks’ notice, reduce the excess employee's classification as a means of securing alternative employment for the excess employee. Income maintenance as a result of reduction in classification, or classification Where an excess employee is reduced in classification before the termination end of the employment of an appropriate retention period, the employee will continue to be paid at the employee, because of a breach ’s previous level for the balance of the retention period with the exception of reductions for breaches of the APS Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss . Attachment A – Salary table Classification On commencement 3% One year from commencement 2% Two years from commencement 1% Executive Level 2 (EL2) $137,790 $140,546 $141,952 $131,176 $133,799 $135,137 $126,937 $129,476 $130,771 $116,382 $118,709 $119,896 Executive Level 1 (EL1) $111,253 $113,478 $114,613 $106,850 $108,987 $110,077 $101,792 $103,828 $104,866 $97,546 $99,497 $100,492 APS 6 $89,551 $91,342 $92,256 $87,590 $89,342 $90,235 $83,229 $84,894 $85,743 $79,379 $80,967 $81,776 APS 5 $76,685 $78,218 $79,000 $72,837 $74,294 $75,037 $70,908 $72,326 $73,050 APS 4 $69,901 $71,299 $72,012 $67,976 $69,335 $70,029 $66,156 $67,479 $68,154 APS 3 $64,722 $66,017 $66,677 $61,787 $63,022 $63,653 $60,045 $61,246 $61,858 $58,392 $59,560 $60,155 APS 2 $55,139 $56,242 $56,804 $53,606 $54,678 $55,225 $52,044 $53,085 $53,616 $50,528 $51,538 $52,054 APS 1 (adult) $48,554 $49,525 $50,021 $46,295 $47,221 $47,694 $44,762 $45,657 $46,114 $43,233 $44,098 $44,539 (at 20 years) $39,343 $40,130 $40,531 (at 19 years) $35,020 $35,720 $36,078 (at 18 years) $30,263 $30,869 $31,177 (under 18 years) $25,941 $26,459 $26,724 Attachment B – Recognition of an essential qualification or any allowances for particular purposes Allowance Counts as salary for superannuation purposes (CSS and PSSdb only. Members of other ground superannuation funds refer to clause 17) Counts towards salary for calculation of additional duty salary Payable during long service leave Payable during recreation leave Reduced pro-rata during period of half pay leave (if payable during leave) Included in income maintenance for excess employees Included in salary for calculation of retrenchment redundancy payments Included in salary for payment in lieu of notice of termination of employment prescribed by Payment in lieu of long service leave Payment in lieu of recreation leave Higher duties allowance @  * *  * * * # ^ Workplace responsibility allowance  X X X X X X  X X KEY # Yes, if in receipt of allowance for a continuous period of greater than 12 months  Yes ^ Yes, if in receipt of allowance on last day of service X No @ Yes, subject to a qualifying period in accordance with the Public Service Superannuation (CSS/PSS) Salary Regulations 1999.1978, unless indicated otherwise in the Agreement

Retention periods. If an excess employee does not accept an offer of voluntary retrenchmentredundancy, the Integrity Commissioner must Director General shall not involuntarily terminate his or her the employee’s employment in accordance with under section 29 of the PS Public Service Act without that employee’s consent 1999 until either of the following retention periods have has elapsed, the duration of which will be reduced by an amount equivalent to the National Employment Standards redundancy entitlement: if the 13 months where an employee has at least completed 20 years’ or more years of service or is over 45 years of age; or over — 13 months; 7 months for any other employees. The retention period will commence on the day on which an employee — 7 monthsis notified in writing that they are excess. If an employee is entitled to a redundancy payment under the NES, the retention periods in paragraph 1 will be reduced by an amount equivalent to an employee’s redundancy entitlement under the NES calculated as at the end of the adjusted period. The retention period starts on: the day the employee is told in writing in accordance with the consultation process National Employment Standards, the relevant period as set out in clause 258 above is reduced by the number of weeks redundancy pay that that the employee is excess; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) will be entitled to under the National Employment Standards on termination, as at the expiration of Clause 8.3 — the day the Integrity Commissioner invites that employee to accept voluntary retrenchment under Clause 8.3. The retention period is extended (as adjusted by any period of certified sick leave taken during the retention periodthis clause). Redeployment during retention period During the retention period, the Integrity Commissioner must IP Australia: Will continue to take reasonable steps, consistent with steps to find alternative employment for the interests of the efficient administration of the employee including referral to a relevant placement agency, to transfer . Will consider an excess employee in isolation from and not in competition with other applicants for the advertised vacancy within IP Australia to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign which an excess employee to a job at a lower classification seeks transfer. May, with 4 weeks’ notice, transfer the excess employee to a lower level vacancy. Where this occurs an excess employee is reduced in classification before the end of the employee’s retention period, the employee will receive income maintenance to maintain the employee’s their salary at the previous higher level for the balance of the retention period. Application The amount of income maintenance to be paid will be calculated in accordance with clause 255 for other positions during retention the remainder of the period An that the excess employee who, would have occupied the higher position during the retention period. During the retention period, applies for assignment the employee: will take reasonable steps to duties within find alternative employment; and actively participate in learning and development activities, trial placements or other arrangements to assist in obtaining a classification group the same as, or lower than, that employee’s current approved classification permanent placement. The employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment. The Director General may approve such a request. Where it is necessary as a result of an advertised vacancy transfer or reduction in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not classification for an excess employee to move the employee. An excess 's household to a new locality, the employee is may be entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told in writing expenses in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to reasonable travel and incidental expenses, IP Australia relocation provisions (clause 81 where these are not met by the prospective employer, to attend an employment interview. An excess employee who has to move household to a new locality because The retention periods under clause 258 will be extended by any periods of an ongoing assignment to duties within a classification group paid certificated leave for personal illness or injury taken during the same as, or lower than, that employee’s approved classification before original retention period. Any leave taken for these purposes during the assignment is entitled to reasonable expenses. Voluntary retrenchment during period beyond the original retention period If: an employee has been notified that he or she is excess; and that employee is will not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of have any effect on extending the retention period, without . If considered appropriate a medical appointment will be made with a registered medical practitioner nominated by IP Australia and the consent of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weekswill attend. The specified periods of notice period mentioned in paragraph 3 mustwill be, as far as practicable, be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999periods.

Retention periods. If an excess employee does not accept an offer of voluntary retrenchmentredundancy, the Integrity Commissioner must Director General shall not involuntarily terminate his or her the employee’s employment in accordance with under section 29 of the PS Public Service Act without that employee’s consent 1999 until either of the following retention periods have has elapsed, the duration of which will be reduced by an amount equivalent to the National Employment Standards redundancy entitlement: if the 13 months where an employee has at least completed 20 years’ or more years of service or is over 45 years of age; or over — 13 months; 7 months for any other employees. The retention period will commence on the day on which an employee — 7 monthsis notified in writing that they are excess. If an employee is entitled to a redundancy payment under the NES, the retention periods in paragraph 1 will be reduced by an amount equivalent to an employee’s redundancy entitlement under the NES calculated as at the end of the adjusted period. The retention period starts on: the day the employee is told in writing in accordance with the consultation process National Employment Standards, the relevant period as set out in clause 263) above is reduced by the number of weeks redundancy pay that that the employee is excess; or if that employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) will be entitled to under the National Employment Standards on termination, as at the expiration of Clause 8.3 — the day the Integrity Commissioner invites that employee to accept voluntary retrenchment under Clause 8.3. The retention period is extended (as adjusted by any period of certified sick leave taken during the retention periodthis clause). Redeployment during retention period During the retention period, the Integrity Commissioner must IP Australia: Will continue to take reasonable steps, consistent with steps to find alternative employment for the interests of the efficient administration of the employee including referral to a relevant placement agency, to transfer . Will consider an excess employee in isolation from and not in competition with other applicants for the advertised vacancy within IP Australia to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign which an excess employee to a job at a lower classification seeks transfer. May, with 4 weeks’ notice, transfer the excess employee to a lower level vacancy. Where this occurs an excess employee is reduced in classification before the end of the employee’s retention period, the employee will receive income maintenance to maintain the employee’s their salary at the previous higher level for the balance of the retention period. Application The amount of income maintenance to be paid will be calculated in accordance with clause 260) for other positions during retention the remainder of the period An that the excess employee who, would have occupied the higher position during the retention period. During the retention period, applies for assignment the employee: will take reasonable steps to duties within find alternative employment; and actively participate in learning and development activities, trial placements or other arrangements to assist in obtaining a classification group the same as, or lower than, that employee’s current approved classification permanent placement. The employee may request assistance in meeting reasonable travel and incidental expenses incurred in seeking alternative employment. The Director General may approve such a request. Where it is necessary as a result of an advertised vacancy transfer or reduction in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not classification for an excess employee to move the employee. An excess 's household to a new locality, the employee is may be entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told in writing expenses in accordance with the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to reasonable travel and incidental expenses, IP Australia relocation provisions (clause 78) where these are not met by the prospective employer, to attend an employment interview. An excess employee who has to move household to a new locality because The retention periods under clause 263) will be extended by any periods of an ongoing assignment to duties within a classification group paid certificated leave for personal illness or injury taken during the same as, or lower than, that employee’s approved classification before original retention period. Any leave taken for these purposes during the assignment is entitled to reasonable expenses. Voluntary retrenchment during period beyond the original retention period If: an employee has been notified that he or she is excess; and that employee is will not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the retention period and that there is no reasonable redeployment prospects in the APS: the Integrity Commissioner xxx,[with the agreement of the employee, terminate the employee’s employment under section 29 of the PS Act; and upon termination, the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, and this payment will be taken to include the payment in lieu of notice of termination of employment, plus the employee’s NES entitlement to redundancy pay. Involuntary termination Subject to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of have any effect on extending the retention period, without . If considered appropriate a medical appointment will be made with a registered medical practitioner nominated by IP Australia and the consent of the employee. An excess employee must not have his or her employment terminated if that employee: has not been invited to accept an offer of voluntary retrenchment; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An excess employee must not have his or her employment terminated involuntarily without being given notice of termination, or payment in lieu of notice, of at least: if that employee is over 45 years with at least 5 years of continuous service — 5 weeks; or in any other case — 4 weekswill attend. The specified periods of notice period mentioned in paragraph 3 mustwill be, as far as practicable, be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999periods.

Retention periods. If Unless the employee agrees to voluntary retrenchment in accordance with clause 199, an excess employee does not accept an offer of voluntary retrenchmentmay be retrenched, the Integrity Commissioner must not terminate his or her employment in accordance with section 29 of the PS Act without that employee’s consent until but only after the following retention periods have elapsed: if the 56 weeks where an employee has at least 20 years’ or more years of service or is over 45 years of age, or over — 13 months; 30 weeks for any other employee — 7 monthsemployees. If an employee is entitled to a redundancy payment under the NESNote: In accordance with clause 209, the 30 week and 56 week retention periods in paragraph 1 will be reduced by an amount equivalent to an the employee’s entitlement to a NES redundancy entitlement under the NES calculated as at the end of the adjusted periodpayment. The retention period starts onwill commence on the earlier of the following: the day the employee is told advised in writing in accordance with by the consultation process Chief Executive Officer that that employee is excess; or if that the employee is an employee who expresses interest in voluntary retrenchment in accordance with subparagraph 1(b) of Clause 8.3 — excess employee, or one month after the day on which the Integrity Commissioner Chief Executive Officer invites that the employee to accept voluntary retrenchment under Clause 8.3elect to be retrenched. The retention period is extended by any period of certified sick leave taken during the retention period. Redeployment during retention period During the retention period, period the Integrity Commissioner must Chief Executive Officer: will continue to take reasonable stepssteps to find alternative employment for the excess employee, consistent and/or may, with four weeks’ notice, reduce the interests excess employee's classification as a means of securing alternative employment for the efficient administration of the agency, to transfer excess employee. Where an excess employee to a suitable vacancy at the same level within the agency. An excess employee will have access to the APS-wide redeployment mechanisms as outlined is reduced in the APS Redeployment Policy (April 2011), and any successor policy. The Integrity Commissioner may re-assign an excess employee to a job at a lower classification with 4 weeks’ notice. Where this occurs before the end of the employee’s appropriate retention period, the employee he or she will receive income maintenance continue to maintain the employee’s salary be paid at the their previous higher level for the balance of the retention period. Application for other positions during During the retention period An excess employee who, during the retention period, applies for assignment to duties within a classification group the same as, or lower than, that employee’s current approved classification as a result of an advertised vacancy in ACLEI is entitled to be considered in isolation from, and not in competition with, an applicant who is not an excess employee. An excess employee is entitled to reasonable leave with full pay to attend necessary employment interviews if the employee: has been told will actively pursue alternative employment, and undertake appropriate learning and development. The retention period as provided for in writing in accordance with clause 214 may be extended by periods of up to 12 weeks for extended periods of personal/carers leave, where supported by acceptable medical evidence. FSANZ may pay an excess employee the consultation process that that employee is excess; or has elected to be retrenched but the Integrity Commissioner has not retrenched that employee under Clause 8.4. An employee is entitled to reasonable travel and incidental expenses, expenses incurred by that employee in seeking alternative employment where these are not met by the prospective employer, to attend an employment interview. An excess employee who has to move household to a new locality because of an ongoing assignment to duties within a classification group the same as, or lower than, that employee’s approved classification before the assignment is entitled to reasonable expenses. Voluntary retrenchment during retention period If: an employee has been notified that he or she is excess; and that employee is not permanently redeployed to a suitable position within 3 months; and that employee has not previously been invited to accept voluntary retrenchment; the Integrity Commissioner must, as soon as possible after the end of the 3 month period, invite that employee to accept voluntary retrenchment. Where the Integrity Commissioner Chief Executive Officer is satisfied that there is insufficient productive work available for the employee within the agency during the remainder of the their retention period and that there is no reasonable redeployment prospects in the APS: , the Integrity Commissioner xxx,[with the agreement of the employee, Chief Executive Officer may terminate the employee’s employment under section 29 of the PS Act; and upon termination, Act on the grounds that the employee is excess to requirements. Upon termination the employee will be paid a lump sum comprising: the balance of the retention period (as shortened for the NES under paragraph 2 of Clause 8.7, clause 209) and this payment will be taken to include the payment in lieu of notice of or termination of employment, plus the employee’s NES entitlement to and an additional redundancy pay. Involuntary termination Subject payment equal to the consultation process under this section, the Integrity Commissioner may terminate, in accordance with section 29 of the PS Act, the employment of an excess employee at the end of amount the retention period, without period was shortened by under clause 209 above (i.e. the consent of the employeeNES component). An excess employee must will not have his or her employment terminated be retrenched under clause 213 if that employee: the employee has not been invited to accept an offer of voluntary retrenchment; elect to be voluntarily retrenched, or has elected to be retrenched under clause 199 but the Integrity Commissioner has not retrenched that employee under Clause 8.4Chief Executive Officer refuses to approve it. An excess employee must not have his will be given four weeks’ notice (or her employment terminated involuntarily without being given five weeks’ notice of termination, or payment in lieu of notice, of at least: if that for an employee is over 45 years of age with at least 5 five years of continuous service — 5 weeks; service) where it is proposed that he or in any other case — 4 weeksshe will be involuntarily retrenched. The notice period mentioned in paragraph 3 must, as far as practicable, will be concurrent with the retention period. Redeployment and retrenchment provisions not to prevent other action This section does not prevent the reduction in classification, or the termination of the employment of an employee, because of a breach of the Code of Conduct, physical or mental incapacity, unsatisfactory performance of, or non‑performance of, duties, loss of an essential qualification or any other ground for termination of employment prescribed by the Public Service Regulations 1999wherever possible.