Excess procedures

Public Service

Consultation

Where there is likely to be an unplaced staff situation the manager must keep all staff fully informed throughout the process and advise the Assistant General Manager, Employee Relations, who will ensure that there is appropriate consultation with the CPSU. The manager must provide the Assistant General Manager, Employee Relations, with the material below at least two weeks before any action in relation to a potentially unplaced staff member is initiated:

• details of the staff member/s likely to be affected;
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• reasons staff member/s are likely to be unplaced; and
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• workforce plan, including details of the preferred staffing profile for the work area.

Consultation with the CPSU must commence at least one week before any action in relation to a potentially unplaced staff member is initiated and can cover any issues related to the strategy for managing unplaced staff including the:

• measures that could be taken to remove or reduce the incidence of staff becoming unplaced;
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• retraining of the staff members concerned; and
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• redeployment prospects for the staff members concerned.

Consultation will continue for as long as is necessary for each particular situation. The CPSU as well as staff members 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 staff situations without the need for redeployment or redundancy. It is important however, that staff members and the CPSU are given realistic advice about the redeployment prospects of the affected staff members.

Identification

Staff may become unplaced where a General Manager/Regional Director determines that a Division or Regional Office has a greater number of staff than is necessary for its efficient and economic working. Staff 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 staff as unplaced General Managers/Regional Directors should investigate alternative strategies, such as the reorganisation of duties of staff within the Division/Regional Office or negotiating the temporary transfer of a staff member within the Department.

Where it is necessary to identify staff as unplaced the General Manager/Regional Director must ensure affected staff, or potentially affected staff, are consulted in respect to the decision and its impact. The General Manager/Regional Director must also notify the Assistant General Manager, Employee Relations, who will ensure that the CPSU is notified.

The identification of a staff member 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 staff member suitable to undertake the work.

General Managers/Regional Directors should:

• take into account any submissions from individual staff members on reasons for not being considered;
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• make every effort to ensure that a staff member is not identified as unplaced where there are compelling personal compassionate grounds pertaining to that person;
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• give appropriate consideration to any suggestions made by a staff member or the CPSU which may provide an alternative to redeployment;
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• ensure that a staff member identified as unplaced receives advice in writing including a copy of these guidelines; and
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• ensure that the staff member identified as unplaced is directly counselled on the redeployment procedures (the staff member may wish to bring a support person to the meeting, who may be a representative of the CPSU).

In the identification of a person who is excess, a staff member shall not be discriminated against on the basis of any of the following situations:

• employment on a part-time basis;
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• returning from leave;
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• temporary absence from work because of illness or injury;
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• union membership or participation in union activities outside working hours, or with the employer's consent during working hours;
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• non-membership of a union or of an association that has applied to be registered as a union under the Fair Work Regulations 2009 (Registered Organisations);
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• seeking office as, or acting or having acted in the capacity of, a representative of staff;
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• the filing of a complaint, or the participation in proceedings, against the employer;
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• any attribute that may be specified under the Equal Opportunity Act 1995 including age, breastfeeding, gender identity, impairment, industrial activity, employment activity, lawful sexual activity, marital status, parental or carer status, physical features, political belief or activity, pregnancy, race, 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;
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• absence from work during maternity or other parental leave.

Once the process of identification has been completed, the General Manager must advise Corporate HR Services of the staff member/s identified ensuring the following details and documentation are provided:

• staff member's full name, work location and record number;
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• description of duties being undertaken while unplaced;
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• a resume;
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• any specific details relating to what the staff member may be seeking through redeployment (eg. duties, location, classification); and
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• identification of the redeployee's manager within the work unit for co-ordination of redeployment action.

 

Preparing for redeployment

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;
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• organise/participate in CV preparation and interview skills training; and
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• agree job search criteria (duties, location, classification).

 

Support for staff

The General Manager has an obligation to support an unplaced staff member. 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;
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• all reasonable steps being taken to identify vacancies within the Department to which the unplaced staff member can be referred;
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• the unplaced staff member being given first consideration for suitable vacancies as they arise within the Division;
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• 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;
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• career transition programs being considered, such as skill development in job search;
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• counselling being made available to the employee throughout the redeployment process to help with emotional issues that result from becoming unplaced;
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• the cost of any support programs being met by the Division or Regional Office;
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• regular meetings being conducted with the unplaced staff member to discuss and monitor progress toward redeployment; and
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• the unplaced staff member 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 Assistant General Manager, Employee Relations.

The Department will consult with the CPSU and staff 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;
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• the CPSU is to be provided with necessary information so it can satisfy itself that the provisions of this policy have been complied with where the CPSU is representing the interests of aggrieved employees.

Teaching Service | Public Service

Other Resources

Legislation

• Legislation
• Agreements

Related Topics

• Review of Actions
• Management of unplaced VPS staff
• Redeployment
• Redundancy

 

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