25ARequirement to conduct merit‑based selection processes for certain non‑ongoing APS employees exercising employee choice

25A Requirement to conduct merit‑based selection processes for certain non‑ongoing APS employees exercising employee choice

(1) This section applies if an Agency Head receives a written notification (an employee choice notification) under section 66AAB of the Fair Work Act 2009 from a person who is engaged as an APS employee for duties that are irregular or intermittent (see paragraph 22(2)(c) of the Act). Circumstance in which employee has been assessed as suitable in accordance with this Subdivision (2) For the purposes of considering the ground for not accepting a notification at paragraph 66AAC(4)(c) of the Fair Work Act 2009, the Agency Head is taken to comply with the requirements of this Subdivision in respect of the employee if: (a) the employee has been assessed as suitable in a merit‑based selection process for a vacancy that was notified in the Public Service Gazette in the 18‑month period before the day the Agency Head receives the employee choice notification; and (b) the group of duties performed by the employee, if they were taken to be a vacancy (within the meaning of section 7 of this instrument) for an ongoing category of employment, would be a similar vacancy to the vacancy mentioned in paragraph (a) of this section. Merit‑based selection process to be conducted if employee has not been assessed as suitable in accordance with this Subdivision (3) Subject to subsection (5), if: (a) the Agency Head does not accept the employee choice notification on the ground referred to in paragraph 66AAC(4)(c) of the Fair Work Act 2009; and (b) but for that ground, the Agency Head would accept the notification; the Agency Head must conduct a merit‑based selection process in accordance with this Subdivision in respect of the group of duties performed by the employee.

Note: The group of duties is a vacancy: see paragraph 7(b).

(4) The vacancy must be notified in the Public Service Gazette within the period of 3 months beginning on the day the Agency Head receives the employee choice notification. (5) Subsection (3) does not apply if, in the 6‑month period before the day the Agency Head receives the employee choice notification, the employee was assessed as unsuitable for a similar vacancy to the vacancy by a recruitment process that met the requirements of this Subdivision.