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CrimTrac Enterprise Agreement 2011-2014

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a. the amount of severance pay, pay in lieu of notice and paid up leave credits<br />

b. the amount of accumulated superannuation contributions<br />

c. options open to the employee for superannuation<br />

d. taxation rules applying to payments to the employee<br />

e. the level of assistance up to a maximum of $773 for financial advice.<br />

317. Only one offer of voluntary retrenchment is to be made to an excess employee.<br />

Period of notice<br />

318. If an excess employee agrees to be voluntarily retrenched, the CEO may retrench the employee by<br />

giving the required notice of termination under section 29 of the Public Service Act 1999.<br />

319. The period of notice is four weeks or, for an employee over 45 with at least five years of continuous<br />

service, five weeks.<br />

320. If the employee is retrenched at the beginning of, or within, the notice period, the employee must<br />

receive payment in lieu of notice as set out in the FW Act for the unexpired part of the notice period.<br />

Severance pay<br />

321. An employee whose employment is terminated under section 29 of the Public Service Act 1999 on<br />

the grounds that the employee is excess to the requirements of the Agency following their<br />

agreement to be voluntarily retrenched is entitled to be paid an amount equal to two weeks’ salary<br />

for each completed year of continuous service and a proportionate payment for completed months<br />

of service since the last completed year of service.<br />

322. The amounts in clause 321 are subject to any minimum amount that the employee is entitled to<br />

under the National Employment Standards.<br />

323. However, the minimum amount payable is an amount equal to four weeks’ salary and the maximum<br />

amount payable is an amount equal to 48 weeks’ salary.<br />

324. A severance benefit is calculated on a proportionate basis for any period of service when an<br />

employee worked part-time hours if the employee has less than 24 years of full-time service.<br />

325. For severance pay, service means any of the following:<br />

a. service in the Agency<br />

b. Government service as defined by section 10 of the Long Service Leave (Commonwealth<br />

Employees) Act 1976<br />

c. service with the Commonwealth (other than service with a Joint Commonwealth-State body<br />

corporate in which the Commonwealth has a controlling interest) that is recognised for long<br />

service leave purposes<br />

d. service with the Australian Defence Force<br />

e. service in the Australian Public Service immediately before deemed resignation under the<br />

repealed section 49 of the Public Service Act 1922, if the service has not previously been<br />

recognised for severance pay purposes<br />

f. service in another organisation that is recognised for long service leave purposes if the<br />

employee was transferred from the Australian Public Service to the organisation with a transfer<br />

of a function or the employee was engaged by the organisation on work within a function, and<br />

was appointed because of the transfer of the function to the Australian Public Service.<br />

326. Earlier periods of service count if:<br />

a. there is no break between the periods of service<br />

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