Commonwealth Employees (Redeployment and Retirement) Amendment Act 1981

Overview

The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1981 is an Act of the Parliament of Australia that amends the Commonwealth Employees (Redeployment and Retirement) Act 1979. The 1981 Amendment Act was introduced to address inconsistencies and gaps in the existing legislation concerning the redeployment and retirement of Commonwealth employees. The primary objective of this amendment was to ensure that certain terms of awards, particularly those related to the redeployment or termination of employment due to redundancy, incapacity, inefficiency, lack of essential qualifications, age, or other specified reasons, would not have any force or effect if they were included or made on or after the commencement date of the Amendment Act. The intent was to protect employees, including those who were employed after the terms were set, from the adverse impacts of these provisions. This Act was enacted to bring clarity and specificity to the application of award terms concerning employee redeployment and retirement, ensuring they do not unfairly target or disadvantage employees based on criteria that might be seen as discriminatory or unjust. By specifying the conditions under which such terms would be void, the Amendment Act aimed to uphold fair employment practices within the Commonwealth public service.

Scope and Application

The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1981 applies to terms in awards that pertain to the redeployment or termination of employment of Commonwealth employees who are deemed redundant, physically or mentally incapable of performing their work, inefficient, lacking essential qualifications, or whose qualifications have been suspended. It also applies to terms concerning the termination of employment by reason of age. The Act targets employees who are currently employed or become employees after the Act’s commencement, regardless of whether they were employed at the time the terms were included in the award or the award was made. The Act applies to awards made under the Conciliation and Arbitration Act 1904, the Public Service Arbitration Act 1920, or any other applicable Commonwealth or Territory law, except for the Northern Territory. The Act does not affect terms included before the commencement date of the Act in an award, unless they provide only for the limitation or extension of the classes of persons to whom the award applies. The Act extends its application through subordinate instruments, which may include regulations or orders that provide further detail or clarification on the application of the Act.

Key Provisions

The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1981 primarily modifies the Commonwealth Employees (Redeployment and Retirement) Act 1979 by altering specific sections to ensure that awards do not unfairly impact employees regarding redundancy, incapacity, inefficiency, lack of qualifications, or termination due to age (Section 3). It specifies that any award term concerning these issues, made or included on or after the commencement date of this Amendment Act, will not have any effect if it applies to employees, regardless of when they became employees (Section 3(4)). This amendment ensures that awards cannot dictate terms for redeployment or termination based on the conditions mentioned unless explicitly allowed by this Act. This Act imposes obligations on parties to ensure that any award terms related to redeployment or termination of employment must comply with the provisions set forth in the amended sections. This includes terms that detail the criteria for identifying affected employees, procedures for redeployment or termination, rights to review or appeal, and any benefits payable (Section 3(5)). Moreover, the Act requires that awards made after the commencement date cannot include terms that unfairly target employees based on the conditions outlined unless the terms are strictly limited to the extension or limitation of classes of persons to whom the award applies (Section 3(6)). Breach of the provisions outlined in this Act can lead to significant consequences. Awards that include terms contrary to the Act's stipulations will have those terms deemed ineffective. This means that employers cannot rely on such terms to redeploy or terminate employees under the conditions specified in the Act. Non-compliance with the Act could lead to legal challenges and disputes, as the terms of the award would not hold legal force. Additionally, while the Act does not explicitly state penalties for non-compliance, breaches could result in civil or criminal liabilities depending on the specific context and the broader legal framework governing employment and industrial relations in Australia.