Public Sector Management (Redeployment and Redundancy) Amendment Regulations 2013 (WA)

!2013104GG!

WESTERN	2649
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X	PRINT POST APPROVED PP665002/00041

PERTH, WEDNESDAY, 26 JUNE 2013 No. 104 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 1.00 PM

© STATE OF WESTERN AUSTRALIA

Public Sector Management Act 1994

Public Sector Management (Redeployment and

Redundancy) Amendment Regulations 2013

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations are the Public Sector Management
(Redeployment and Redundancy) Amendment Regulations 2013.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Public Sector Management
(Redeployment and Redundancy) Regulations 1994.

4.             Regulation 3 amended

(1) In regulation 3(1) delete the definition of Commonwealth
award and insert:

Commonwealth award means —

(a) a modern award, enterprise agreement or workplace determination made under the Fair Work Act 2009 (Commonwealth); or

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(b)	a transitional instrument as defined in the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009

(Commonwealth) Schedule 2 item 2;

(2) In regulation 3(1) in the definition of enterprise bargaining
allowance delete paragraph (c)(i) and (ii) and insert:

(i)      an enterprise agreement made under the Fair Work Act 2009 (Commonwealth); or

(ii) an agreement-based transitional

instrument as defined in the Fair Work

(Transitional Provisions and

Consequential Amendments) Act 2009

(Commonwealth) Schedule 2 item 2; or

5.             Regulation 4 amended

(1)	In regulation 4(1) delete “subregulation (2),” and insert:
subregulations (2A) and (2),
(2)	After regulation 4(1) insert:
(2A)	An employee who is employed under a contract of employment that has a fixed term and who is not a
permanent officer —

(a)	is not eligible for redeployment under these regulations; and
(b)	if section 59 of the Act applies to the employee or the employee is a ministerial officer, is not

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eligible for voluntary severance under these

regulations.

(3)	Delete regulation 4(2)(d).
(4)	After regulation 4(2) after each of paragraphs (a), (b) and (c) insert:
or

6.             Regulation 4AA amended

(1) Delete regulation 4AA(1)(a) and (b) and insert:

(a)	the office, post or position of an employee is to be abolished and the employee may become surplus to the requirements of his or her department or organisation; or
(b)	the employee may otherwise become surplus to the requirements of his or her department or organisation,

(2) Delete regulation 4AA(2)(a) and insert:

(a) the reasons why —

(i)      the office, post or position of an employee is to be abolished and the employee may become surplus to the requirements of his or her department or organisation; or

(ii)      the employee may otherwise become surplus to the requirements of his or her department or organisation;

and

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7.             Regulation 4A amended

(1) In regulation 4A(1) insert in alphabetical order:

prescribed written notice means —

(a) in the case of notice in relation to an employee who is an applicant under a scheme approved

under regulation 5A(1) — 20 weeks’ written

notice;

(b) otherwise — 12 weeks’ written notice.

(2)	In regulation 4A(1) in the definition of pay delete “20(7).” and
insert:
20(7);
(3)	Delete regulation 4A(2) and insert:
(2) The employing authority of an employee must give the employee at least the prescribed written notice of the

fact that —

(a) the employee’s office, post or position is to be

abolished and the employee will become surplus to the requirements of his or her department or organisation; or

(b) the employee will otherwise become surplus to the requirements of his or her department or organisation.

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8.             Regulation 5A inserted

At the end of Part 1 insert:

5A. Minister may approve voluntary severance scheme

(1)	The Minister may approve a scheme under which employees are invited to apply to be offered voluntary severance.
(2)	The approval must specify —

(a)	the employees, or class or description of employees, to whom the scheme applies; and
(b)	the period within which an application under the scheme may be made.

(3)	Notice of an approval under subregulation (1) must be published in the Gazette.
(4)	Failure to comply with subregulation (3) does not invalidate the approval.

9.             Regulation 6 amended

Delete regulation 6(1) and insert:

(1) The employing authority of an employee may, with the
prior approval of the Commissioner, offer voluntary

severance to an employee —

(a) whose office, post or position is, or is to be, abolished and who is, or will become, surplus to the requirements of his or her department or organisation; or

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(b) who is, or will become, otherwise surplus to the requirements of his or her department or organisation.

10.           Regulation 7 amended

(1)	Before regulation 7(1) insert:
(1A)	In this regulation —
surplus employee means an employee —

(a)	whose office, post or position has been abolished and who is surplus to the requirements of his or her department or organisation; or
(b)	who is otherwise surplus to the requirements of his or her department or organisation.

(2) In regulation 7(1):

(a)	delete paragraph (a);
(b)	in paragraph (b) delete “the surplus” and insert:

a surplus

11.           Regulation 11 amended

(1)	Before regulation 11(1) insert:
(1A)	In this regulation —
surplus employee means an employee —

(a) whose office, post or position has been abolished and who is surplus to the

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requirements of his or her department or

organisation; or

(b) who is otherwise surplus to the requirements of his or her department or organisation.

(2)	Delete regulation 11(1) and insert:
(1) The employing authority of a surplus employee who cannot be transferred within his or her department or organisation may apply to the Commissioner to register

that employee.

By Command of the Lieutenant-Governor and deputy of the Governor,

N. HAGLEY, Clerk of the Executive Council.