Excess procedures
Public Service
Consultation
Where there is likely to be an unplaced employee situation the manager must keep all employees fully informed throughout the process and advise the General Manager, Human Resources who will ensure that there is appropriate consultation with the relevant union/s. The manager must provide the General Manager, Human Resources, with the material below at least two weeks before any action in relation to a potentially unplaced employee is initiated:
- details of the employee/s likely to be affected;
- reasons employee/s are likely to be unplaced; and
- workforce plan, including details of the preferred staffing profile for the work area.
Consultation with the relevant union/s must commence at least one week before any action in relation to a potentially unplaced employee is initiated and can cover any issues related to the strategy for managing unplaced employees including the:
- measures that could be taken to remove or reduce the incidence of employees becoming unplaced;
- retraining of the employees concerned; and
- redeployment prospects for the employees concerned.
Consultation will continue for as long as is necessary for each particular situation. The relevant union/s as well as employees should be given opportunity to put any views on proposed changes to the staffing structure of an affected work area before a decision is finalised. Where the representations of either party are rejected proper reasons for rejection should be provided.
The aim should be, where practical, to resolve potential unplaced employee situations without the need for redeployment or redundancy. It is important however, that employees and the relevant unions are given realistic advice about the redeployment prospects of the affected employees.
Identification
Employees may become unplaced where a General Manager/Regional Director determines that a Division or Regional Office has a greater number of employees than is necessary for its efficient and economic working. Employees may also become unplaced due to technological change, changes in work methods, or changes in the nature, extent or organisation of the functions of the Division or Region.
Prior to identifying employees as unplaced, General Managers/Regional Directors should investigate alternative strategies, such as the reorganisation of duties of employees within the Division/Regional Office or negotiating the temporary transfer of an employee within the Department.
Where it is necessary to identify employees as unplaced the General Manager/Regional Director must ensure affected employees, or potentially affected employees, are consulted in respect to the decision and its impact. The General Manager/Regional Director must also notify the General Manager, Human Resources, who will ensure that the relevant union/s is/are notified.
The identification of an employee must be made on objectively assessed grounds related to suitability for the work to be undertaken in the Division/Regional Office, and by reference to relative efficiency if there is more than one employee suitable to undertake the work.
General Managers/Regional Directors should:
- take into account any submissions from individual employees on reasons for not being considered;
- make every effort to ensure that an employee is not identified as unplaced where there are compelling personal compassionate grounds pertaining to that person;
- give appropriate consideration to any suggestions made by an employee or the relevant union/s which may provide an alternative to redeployment;
- ensure that an employee identified as unplaced receives advice in writing including a copy of these guidelines; and
- ensure that the employee identified as unplaced is directly counselled on the redeployment procedures (the employee may wish to bring a support person to the meeting, who may be a representative of their union).
In the identification of a person who is excess, an employee shall not be discriminated against on the basis of any of the following situations:
- employment on a part-time basis;
- returning from leave;
- taking of parental absence
- temporary absence from work because of illness or injury;
- union membership or participation in union activities outside working hours, or with the employer’s consent during working hours;
- non-membership of a union or of an association that has applied to be registered as a union under the Fair Work (Registered Organisations) Regulations 2009;
- seeking office as, or acting or having acted in the capacity of, a representative of employees;
- the filing of a complaint, or the participation in proceedings, against the employer;
- any attribute that may be specified under the Equal Opportunity Act 2010 including age, breastfeeding, carer status, disability, employment activity, gender identity, industrial activity, lawful sexual activity, marital status, parental status, physical features, political belief or activity, pregnancy, race (including colour, nationality, ethnicity and ethnic origin), religious belief or activity, sex, sexual orientation, or personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.
Once the process of identification has been completed, the General Manager must advise Corporate HR Services of the employee/s identified ensuring the following details and documentation are provided:
- employee/s full name, work location and record number;
- description of duties being undertaken while unplaced;
- a resume;
- any specific details relating to what the employee may be seeking through redeployment (eg. duties, location, classification); and
- identification of the redeployee’s manager within the work unit for co-ordination of redeployment action.
Preparing for redeployment
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The redeployment process commences after the identification of an unplaced employee and preparation for redeployment is to occur within two weeks of this.
The unplaced employee's General Manager (or nominee) will work with the employee and the case manager to:
- undertake a skills audit of the unplaced employee;
- organise/participate in CV preparation and interview skills training; and
- agree job search criteria (duties, location, classification).
Support for unplaced employees
The General Manager has an obligation to support an unplaced employee. This support will involve the following:
- the employee being provided with regular and meaningful work, appropriate to her/his skills and experience, during the period in which she/he is unplaced;
- all reasonable steps being taken to identify vacancies within the Department to which the unplaced employee can be referred;
- the unplaced employee being given first consideration for suitable vacancies as they arise within the Division;
- appropriate training or retraining being provided, where practicable. This may take the form of on-the-job training (which could include temporary placement in another work location in the Department or with an outside employer) and/or the undertaking of an appropriate course to provide new skills or update existing skills;
- career transition programs being considered, such as skill development in job search;
- counselling being made available to the employee throughout the redeployment process to help with emotional issues that result from becoming unplaced;
- the cost of any support programs being met by the Division or Regional Office;
- regular meetings being conducted with the unplaced employee to discuss and monitor progress toward redeployment; and
- the unplaced employee being given the option to bring a support person (who may be a union representative) to any discussions held as part of the redeployment process.
Employee safeguards
There will be a minimum period for redeployment of 3 months unless agreed otherwise by the General Manager, Human Resources.
The Department will consult with employees and the relevant union/s in affected workplaces to ensure that all parties can be confident that appropriate efforts are being made to place affected employees in properly assessed duties.
Salary maintenance for up to six months will be provided where the redeployee is placed by agreement in a lower classified vacancy.
The Department's grievance processes are available and are managed expeditiously in relation to issues raised by unplaced employees. Where Departmental grievance processes are utilised:
- all time frames continue unless the MPB/Fair Work Australia recommends that specific time frames are suspended in which case the Department will observe the recommendations;
- the relevant union/s are to be provided with necessary information to be satisfied that the provisions of this policy have been complied with where the union/s are representing the interests of aggrieved employees.
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