northern territory public sector nurses and midwives - Office of the ...

(d)
“Union” means a trade union as defined in FW Act and which is covered by this
Agreement.
2. Finding of Other Employment
2.1 The CEO and the Commissioner must make every endeavour to place a potentially surplus
Employee in other suitable employment or arrange training for such employment.
2.2 In addition to any other action the CEO or the Commissioner may have taken in the period
before notice is given in accordance with clauses 3 or 5, the CEO and Commissioner will,
during all such period of notice, make every endeavour to place the Employee in other
suitable alternative employment or arrange training for such alternative employment.
3. Notice of Redundancy
3.1 Where the Commissioner decides that redeployment of any potentially surplus Employee is
not feasible:
(a)
(b)
An Employee is entitled to 6 months formal notice that he or she is surplus to the
requirements of the service; or
where an Employee has 20 or more years service or is over the age of 45 years, the
Employee is entitled to 12 months formal notice that he or she is surplus to the
requirements of the service.
3.2 A surplus Employee cannot be given notice under this clause if:
(a)
(b)
he or she has not been invited to elect for retrenchment in accordance with clause 4; or
the Employee has made an election for retrenchment and the Commissioner has refused
to approve it.
3.3 Consulting the Union and Employee Representatives
(a)
Where it appears to the Employer that a potentially surplus situation or a situation of
redundancy has occurred or is likely to occur affecting members of the Union the
Employer must:
i. immediately advise the Union to this effect and immediately provide all details
required by paragraph (c) below; and
ii. arrange discussions with officers of the Union.
(b)
Where it appears to the Employer that a potentially surplus situation has occurred or a
redundancy situation has or is likely to occur, affecting persons who are eligible to be
members of the Union, the Employer:
92
NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement