66Restrictions on engaging a person who has received a redundancy benefit

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

(1) An Agency Head may engage as an APS employee a person who has received a redundancy benefit only if: (a) the Agency Head considers 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; and (b) the Commissioner has approved the person’s engagement if the person is to be engaged as an ongoing APS employee (including as an ongoing SES employee) or as a non‑ongoing SES employee.

Note: For the meaning of work‑related qualities, see section 5.

(2) In this section:

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: For 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:

(a) beginning on the day after the person’s employment ends; and
(b) ending on the last day at the end of the relevant number of weeks, where the relevant number is worked out using the following formula (rounded down to the nearest whole number):

Start formula start fraction Gross amount of employee’s redundancy benefit over Weekly salary end fraction end formula where:

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.