Common use of Transition to Retirement Clause in Contracts

Transition to Retirement. (a) A full-time Employee is eligible to make a request in writing to the Employer to permanently reduce their working hours as part of a genuine transition to retirement. (b) The Employer must consider the request to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the request, ordinarily within 21 days, stating whether the Employer grants or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusal. (c) The Employer may only refuse to permit the Employee part-time work on reasonable grounds related to the effect of the change on the workplace or the Employer’s business. Without limiting what are reasonable grounds, such grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and (v) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. (d) Where the Employer approves the request and a transition to retirement arrangement is agreed, the agreement must be in writing and signed by both parties. The agreement must include: (i) the Employee’s new part-time fraction; (ii) the start and end dates of the transition to retirement (usually one–two school years); and (iii) a letter from the Employee providing notice of retirement at the end of the agreement. (e) An Employee working under a transition to retirement arrangement may only have their part-time fraction varied by mutual agreement. (f) It is the responsibility of the Employee to seek appropriate financial, superannuation and other advice on the terms and conditions of their transition to retirement.

Transition to Retirement. 74.1 An Employee may advise Epworth in writing of their intention to retire within the next three (3) years and participate in a retirement transition arrangement. 74.2 Transition to retirement arrangements may be proposed. Epworth will provide details of the proposal for the Employee’s consideration, including any relevant information (including indicative changes to pay) about the implication of the proposal. The Employee will be given a reasonable opportunity to consider the proposal and seek advice. 74.3 Transition to retirement arrangements where agreed, may be implemented as: (a) A full-time Employee is eligible to make a request in writing to the Employer to permanently reduce their flexible working hours as part of a genuine transition to retirement.arrangement (see clause 36), (b) The Employer must consider the request to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the request, ordinarily within 21 days, stating whether the Employer grants or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusal.An individual flexibility agreement; (c) The Employer may only refuse to permit In writing between the Employee part-time work on reasonable grounds related to the effect of the change on the workplace or the Employer’s business. Without limiting what are reasonable groundsparties, such grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and (v) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service.or (d) Where Any combination of the Employer approves the request and a above. 74.4 A transition to retirement arrangement may include by agreement, but is agreednot limited to: (a) A reduction in EFT / alteration of working hours; (b) A job share arrangement where appropriate; and/or (c) Working in a position at a lower classification or ordinary hourly rate. 74.5 Epworth will consider, and not unreasonably refuse, a request by an Employee who wishes to transition to retirement within the agreement must be next three years: (a) To use accrued Long Service Leave (LSL) for the purpose of reducing the number of days worked per week while retaining their previous employment status; or (b) Be appointed to a role at a lower ordinary hourly rate, hours or responsibility (post transition role) in writing and signed by both parties. The agreement must includewhich case: (i) the Employee’s new partEmployee will retain the accrual of LSL they had immediately prior to the reduction in their ordinary hourly rate and/or hours (preserved LSL). Where LSL is taken, the Employee will be paid LSL hours at the wage rate and/or their hours of work prior to the post transition role until the preserved LSL hours are exhausted. Preservation of LSL will only be available to Employees who have permanently held the pre-time fraction;transition role for a continuous period of two (2) years or more. (ii) However, if the start and end dates Employee’s ordinary hourly rate in the post transition role over time exceeds the wage rate of the pre-transition role, the higher ordinary hourly rate will be used to retirement (usually one–two school years); and (iii) a letter from the Employee providing notice of retirement at the end of the agreementcalculate LSL. (e) An Employee working under a transition to retirement arrangement may only have their part-time fraction varied by mutual agreement. (f) It is the responsibility of the Employee to seek appropriate financial, superannuation and other advice on the terms and conditions of their transition to retirement.

Transition to Retirement. (a) A full-time Employee is eligible to make a request in writing to the Employer to permanently reduce their working hours as part of a genuine transition to retirement. (b) . The Employer must consider the request to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the request, ordinarily within 21 days, stating whether the Employer grants or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusal. (c) . The Employer may only refuse to permit the Employee part-time work on reasonable grounds related to the effect of the change on the workplace or the Employer’s business. Without limiting what are reasonable grounds, such grounds include the following: (ia) that the new working arrangements requested by the Employee would be too costly for the Employer; (iib) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iiic) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (ivd) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and; (ve) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. (d) . Where the Employer approves the request and a transition to retirement arrangement is agreed, the agreement must be in writing and signed by both parties. The agreement must include: (ia) the Employee’s new part-time fraction; (iib) the start and end dates date of the transition to retirement (usually one–one - two school years); and; (iiic) a letter from the Employee providing notice of retirement at the end of the agreement. (e) . An Employee working under a transition to retirement arrangement may only have their part-time fraction varied by mutual agreement. (f) . It is the responsibility of the Employee to seek appropriate financial, superannuation and other advice on the terms and conditions of their transition to retirement.

Transition to Retirement. An Employee may advise their Employer in writing of their intention to retire within the next five years and participate in a retirement transition arrangement. Transition to retirement arrangements may be proposed and, where agreed, implemented as: (a) A full-time Employee is eligible to make a request in writing to the Employer to permanently reduce their flexible working hours as part of a genuine transition to retirement.arrangement (see clause 43. Flexibility Arrangements), (b) The Employer must consider An agreement in writing between the request to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the requestparties, ordinarily within 21 days, stating whether the Employer grants or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusal.or (c) The Employer may only refuse to permit the Employee part-time work on reasonable grounds related to the effect A combination of the change on the workplace or the Employer’s businessabove. Without limiting what are reasonable grounds, such grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and (v) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. (d) Where the Employer approves the request and a A transition to retirement arrangement may include but is agreednot limited to: (a) A reduction in their EFT; (b) A job share arrangement; (c) Working in a position at a lower classification or rate of pay The Employer will consider, and not unreasonably refuse, a request by an Employee who wishes to transition to retirement: (a) to use accrued Long Service Leave (LSL) or Annual Leave for the agreement must purpose of reducing the number of days worked per week while retaining their previous employment status; or (b) be appointed to a role which that has a lower hourly rate of pay or hours (post transition role), in writing and signed by both parties. The agreement must includewhich case: (i) the Employee’s new part-Employer will preserve the accrual of LSL at the time fraction;of reduction in salary or hours; and (ii) where LSL is taken or paid out in lieu on termination, the start Employee will be paid LSL hours at the applicable classification and end dates grade, and at the preserved hours, prior to the post transition role until the preserved LSL hours are exhausted. The request to enter into a Transition to Retirement will be by choice of the transition to retirement (usually one–two school years); and (iii) a letter from the Employee providing notice of retirement at the end employee and only on initiation of the agreement. employee. SCHEDULE 1: EMPLOYMENT CLASSIFICATIONS Registered Nurse-Grade 2 (eYears 4 to 10) Only applies when no previous experience in a palliative/oncology clinical area or no post grad palliative care quals. An Employee working employee at this level is employed: • according to years of experience as a Division1 nurse; and • under the general guidance of, or with general access to a transition Grade 3B Nurse or a Clinical Nurse Consultant who provides work related support and direction. An employee at this level is required to retirement arrangement perform duties in the client's home which may only have include, but are not confined to: • delivering direct and comprehensive nursing care to clients in their part-time fraction varied by mutual agreement. (f) It is home; • accepting accountability for the responsibility employee’s own standards of nursing care and service delivery; and • symptom assessment; and • following standard procedures in practices such as wound care. Progression from Grade 2 to Grade 3A occurs when the RN Grade 2 has met one of the Employee following, whichever is earlier: • when the staff member has completed a maximum of 6 months; or • is working autonomously in the community, including being able to seek appropriate financialdo on-call, superannuation and other advice is able to take on Grade 3B duties of weekend work and office nurse, and is deemed competent by the terms Clinical Nurse Consultant. Registered Nurse - Grade 3A (Year 1 and conditions 2) Has previous recent experience (within the last 2 years) in a palliative/oncology or related clinical area, or post graduate palliative care quals or has progressed from Grade 2. An employee at this level is employed: • According to their years of their transition experience; and • Is deemed competent by the Clinical Nurse Consultant to retirement.perform the duties of a Grade 3A; and is

Transition to Retirement. 42.1 The Company is committed to supporting employees who wish to retire by allowing them to do so in a graduated way, progressively reducing the employee’s work commitments as they transition to retirement (Transition to Retirement). 42.2 An employee who wishes to transition to reduced working days, i.e. 3 days per week or enter a job share arrangement must notify the Company in writing of their proposed Transition to Retirement, at least three (3) months prior to its proposed commencement (Notification). 42.3 Notification provided pursuant to clause 42.2 must include the Employee’s proposal with respect to: (a) A fullreduction in his or her working days, provided that the Employee continues to work no less than three days per week unless participating in a job-time Employee is eligible to make a request share arrangement in writing to the Employer to permanently reduce their working hours as part of a genuine transition to retirementaccordance with clause 15.5. (b) The Employer must consider the request Transition Period over which the Transition to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the requestRetirement shall take place, ordinarily within 21 daysprovided that such Transition Period shall be either six (6), stating whether the Employer grants twelve (12) or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusaleighteen (18) months (Transition Period). (c) the Transition Period commencement date (Commencement). 42.4 The Employer may only refuse to permit Company will consider the Employee’s proposal and will advise the Employee part-time work on reasonable grounds related to the effect of the change on Company’s response, within 21 days of receipt of the workplace or Notification. The Company is not obliged to accept the EmployerEmployee’s business. Without limiting what are reasonable groundsproposal, such grounds include however, will not unreasonably refuse the followingEmployee’s proposal and may: (ia) that accept of the new working arrangements requested by proposal contained in the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and (v) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer serviceNotification. (db) Where put forward an alternative proposal (including with respect to the Employer approves the request and a transition to retirement arrangement is agreedTransition Period, the agreement must be in writing and signed by both parties. The agreement must include: (iCommencement or proposed amount of reduced days or job share arrangement) for the Employee’s new part-time fraction;consideration; or (iic) reject any Transition to Retirement due to the start and end dates Company’s inability to accommodate any Transition to Retirement due to the Company’s operational requirements. 42.5 If an Employee commences a Transition to Retirement, the Employee’s employment will terminate at the expiry of the transition Transition Period, unless terminated earlier in accordance with clauses 43 and 44 of this Agreement. 42.6 An Employee participating in the Transition to retirement (usually one–two school years); and (iii) Retirement arrangement will be a letter part time employee in accordance with clause 9.2 from the Employee providing notice commencement of retirement the Transition Period. 42.7 On the commencement of the Transition Period, the Employer shall provide the employee with a statement of their accrued annual leave, long service leave and personal leave as at the end of the agreementTransition Period Commencement Date. (e) An Employee working under a transition 42.8 Clause 45 – Disputes Prevention and Settlement Procedure applies to retirement arrangement may only have their part-time fraction varied by mutual agreementany dispute in relation to this Clause. (f) It is the responsibility of the Employee to seek appropriate financial, superannuation and other advice on the terms and conditions of their transition to retirement.

Transition to Retirement. (a) A full-time Employee is eligible to make a request in writing to the Employer to permanently reduce their working hours as part of a genuine transition to retirement. (b) The Employer must consider the request to work part-time having regard to the Employee’s circumstances and give the Employee a written response to the request, ordinarily within 21 days, stating whether the Employer grants or refuses the request. If the Employer refuses the request for part-time work, the written response must include details of the reasons for the refusal. (c) The Employer may only refuse to permit the Employee part-time work on reasonable grounds related to the effect of the change on the workplace or the Employer’s business. Without limiting what are reasonable grounds, such grounds include the following: (i) that the new working arrangements requested by the Employee would be too costly for the Employer; (ii) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (iii) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; (iv) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; and; (v) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. (d) Where the Employer approves the request and a transition to retirement arrangement is agreed, the agreement must be in writing and signed by both parties. The agreement must include: (i) the Employee’s new part-time fraction; (ii) the start and end dates date of the transition to retirement (usually one–two school School years); and; (iii) a letter from the Employee providing notice of retirement at the end of the agreement. (e) An Employee working under a transition to retirement arrangement may only have their part-time fraction varied by mutual agreement. (f) It is the responsibility of the Employee to seek appropriate financial, superannuation and other advice on the terms and conditions of their transition to retirement.