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7.1 If a redeployee has been placed in accordance with clause 3.5 <strong>of</strong> <strong>the</strong>se procedures <strong>and</strong> <strong>the</strong><br />

placement is unsuccessful, despite appropriate training being provided, <strong>the</strong> CEO will be<br />

notified <strong>and</strong> will arrange discussions with <strong>the</strong> Employee (<strong>and</strong> where requested by <strong>the</strong><br />

Employee, <strong>the</strong> Union), <strong>and</strong>, if required, <strong>the</strong> Commissioner. Discussions will include but need<br />

not be exclusively confined to:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

Transferring <strong>the</strong> Employee.<br />

Fur<strong>the</strong>r training.<br />

Notification to <strong>the</strong> Commissioner.<br />

Commencement <strong>of</strong> <strong>the</strong> Inability process provided under Employment Instruction<br />

Number 6.<br />

8. Duty <strong>of</strong> Care<br />

8.1 The Agency <strong>and</strong> Commissioner are required to exercise due care to ensure that staff who<br />

prepare/provide information to Employees are suitably qualified to do so, provide accurate<br />

information, including any calculations <strong>of</strong> entitlements <strong>and</strong> taxation deductions on those<br />

entitlements, <strong>and</strong> maintain confidentiality in relation to <strong>the</strong> Employee's entitlements <strong>and</strong><br />

employment.<br />

8.2 If fur<strong>the</strong>r clarification on taxation is sought, Employees should be referred to <strong>the</strong> Australian<br />

Taxation <strong>Office</strong>. Employees should also be advised to seek financial advice from a qualified<br />

pr<strong>of</strong>essional.<br />

9. Prior Service with <strong>the</strong> Australian Public Service<br />

9.1 An Employee who is classified as a voluntary transferee <strong>and</strong> becomes, or is likely to become,<br />

redundant from <strong>the</strong> date <strong>of</strong> effect <strong>of</strong> this Agreement, will for all purposes this Schedule have<br />

<strong>the</strong>ir previous continuous service with <strong>the</strong> Commonwealth Government recognised. A<br />

voluntary transferee is an Employee who was on leave without pay under <strong>the</strong> former<br />

Australian Public Service Regulation 61Q prior to 1 October 1987 to work for <strong>the</strong> Nor<strong>the</strong>rn<br />

Territory Public Service, having prior continuous service with <strong>the</strong> Commonwealth<br />

Government.<br />

9.2 It should also be noted that some cases may arise where an Employee has service that falls<br />

outside <strong>of</strong> <strong>the</strong> scope <strong>of</strong> this definition, <strong>and</strong> which <strong>the</strong> Employee, his or her Union, or <strong>the</strong><br />

Agency believes should warrant inclusion for <strong>the</strong> purpose <strong>of</strong> calculating redundancy<br />

payments under clause 4 <strong>of</strong> Part A <strong>of</strong> this Schedule. Such cases may be considered under<br />

clause 16 <strong>of</strong> Part A <strong>of</strong> this Schedule. However, no guarantee <strong>of</strong> agreement to include such<br />

service should be given to <strong>the</strong> Employee. Ra<strong>the</strong>r, <strong>the</strong> provisions <strong>of</strong> clause 16 should be<br />

explained with advice that agreement by <strong>the</strong> Commissioner <strong>and</strong> <strong>the</strong> Union must be obtained<br />

for service outside <strong>of</strong> <strong>the</strong> scope <strong>of</strong> <strong>the</strong> definition to be included, <strong>and</strong> that such agreement<br />

will not necessarily be forthcoming. It is open to <strong>the</strong> Agency, <strong>the</strong> Employee, or where<br />

requested by <strong>the</strong> Employee, <strong>the</strong> Union, to submit a proposal to <strong>the</strong> Commissioner.<br />

106<br />

NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement

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