COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 NO. 26, 1981 

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 NO. 26, 1981 
- TABLE OF PROVISIONS

1. Short title.  
2. Commencement  
3. Inconsistency with other laws, &c.  

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 No. 26
of 1981
- SECT 1
Short title.

                      COMMONWEALTH EMPLOYEES (REDEPLOYMENT
                       AND RETIREMENT) AMENDMENT ACT 1981

                                 No. 26 of 1981

      An Act to amend the Commonwealth Employees (Redeployment and Retirement)
Act 1979

  BE IT ENACTED by the Queen, and the Senate and the House of Representatives
of the Commonwealth of Australia, as follows:
Short title, &c.
  1. (1) This Act may be cited as the Commonwealth Employees (Redeployment and
Retirement) Amendment Act 1981.*1*
  (2) The Commonwealth Employees (Redeployment and Retirement) Act 1979*2* is
in this Act referred to as the Principal Act.

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 No. 26
of 1981
- SECT 2
Commencement

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 No. 26
of 1981
- SECT 3
Inconsistency with other laws, &c.

  3. Section 24 of the Principal Act is amended -

  (a) by omitting from sub-section (3) ", whether made before or after the
commencement of this Act," and substituting "(being a term included before the
commencement date in an award or being a term of an award made before that
date)"; and

  (b) by omitting sub-section (4) and substituting the following
sub-sections:

    "(4) If -

    (a) a term of an award makes provision for or in relation to -

      (i) the redeployment, or the termination of the employment, of persons
who are redundant, are physically or mentally incapable of performing their
work, are inefficient in the performance of their work, do not have
qualifications essential to the performance of their work or have had the
operation of such qualifications suspended;
or

      (ii) the termination of the employment of persons by reason of age; and

    (b) the term was included in the award, or the award was made, on or after
the commencement date,
that term does not, notwithstanding anything contained in section 41A of the
Conciliation and Arbitration Act 1904 or in section 22 of the Public Service
Arbitration Act 1920, have any force or effect to the extent (if any) to which
it applies in relation to persons who are employees, whether those persons
were employees at the time when the term was included or the award was made or
became employees after that time.

    "(5) Without limiting the generality of sub-section (4), a term of an
award that makes provision for or in relation to -

    (a) the criteria for identifying persons referred to in sub-paragraph (4)
        (a) (i);

    (b) the procedures for effecting the redeployment of persons so identified
or, in cases where persons so identified cannot be redeployed, for terminating
their employment;

    (c) the rights of persons so identified, of persons who are so redeployed
or of persons whose employment is so terminated to obtain a review or
reconsideration of, or to appeal against, any action taken in or in connection
with so identifying them, redeploying them or terminating their employment;
or

    (d) the benefits (if any) payable to such persons upon their being
redeployed or upon their employment being so terminated,
shall be deemed to be a term making provision for or in relation to a matter
referred to in sub-paragraph (4) (a) (i).

    "(6) A term included on or after the commencement date in an award made
before that date shall not be taken to be a term that makes provision for or
in relation to a matter referred to in sub-paragraph (4) (a) (i) or (ii) if
the term provides only for the limitation or extension of the classes of
persons to whom the award is to apply.

   "(7) In this section -

    'award' means -

      (a) an award or order made under, or an agreement certified under, the
Conciliation and Arbitration Act 1904;

      (b) a determination or order made under the Public Service Arbitration
Act 1920; or

      (c) an award, order or determination made by a prescribed person,
tribunal or body under a law of the Commonwealth or of a Territory other than
the Northern Territory;

    'commencement date' means the date of commencement of the Commonwealth
Employees (Redeployment and Retirement) Amendment Act 1981.".
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COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 No. 26
of 1981 - NOTE

                                      NOTE
  1. Act No. 26, 1981; assented to 14 April 1981

  2. No. 52, 1979.