Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) AMENDMENT ACT 1981 No. 26 of 1981 - SECT 3

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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