7.1Restrictions on engaging a person who has received a redundancy benefit

7.1 Restrictions on engaging a person who has received a redundancy benefit

(1) An Agency Head may only engage a person who has received a redundancy benefit as an ongoing APS employee in accordance with the following paragraphs: (a) the Agency Head must consider that the person’s engagement is essential for the Agency’s operations, having regard to: (i) the nature of the duties to be performed; and (ii) the work‑related qualities of the person; (b) if the Agency Head wishes to engage the person as: (i) an ongoing APS employee; or (ii) a non‑ongoing SES employee; the Agency Head must obtain the Commissioner’s approval to do so.

Note: Subparagraph (a)(ii)—for work‑related qualities, see clause 2.6.

(2) In this clause:

person who has received a redundancy benefit means a person who has received a redundancy benefit:

(a) from an APS agency or the Australian Parliamentary Service; and
(b) for which the redundancy benefit period has not ended.

redundancy benefit means:

(a) a severance payment, or similar payment, made to an employee on the ending of the employee’s employment; or
(b) a payment made to an employee as a result of the shortening of a retention period; or
(c) an incentive to retire payment under section 37 of the Act or section 37 of the Parliamentary Service Act 1999;

but not: (d) a payment made to an employee as redundancy pay under section 119 of the Fair Work Act 2009; or (e) a payment made to a person in lieu of notice of termination of employment.

Note: Paragraph (d)—the amount of the payment mentioned in that paragraph is known as the National Employment Standards redundancy amount.

redundancy benefit period, relating to a person’s redundancy benefit, means the period (rounded down to the nearest equivalent whole day):

(a) beginning on the day after the person’s employment ends; and
(b) ending on the last day of the period worked out using the following formula:

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weekly salary means:

(a) for a person who has periods of full‑time and part‑time service and whose redundancy benefit is calculated on the basis of a part‑time weekly salary—the full‑time equivalent of the part‑time weekly salary; or
(b) in any other case—the weekly salary used to calculate the redundancy benefit.