New South Wales Consolidated Acts

GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 74

74 Excess employees--jurisdiction of Industrial Relations Commission

(1) In this section--

"excess employee" means an employee of a government sector agency who is determined by the head of the agency to be excess to the requirements of the relevant part of the agency in which the employee is employed, and includes an employee of a government sector agency who has been notified by the head of the agency--

(a) that his or her role, position or work in the agency has been abolished or terminated, and

(b) that he or she is an excess or displaced employee.

Any such person does not cease to be an excess employee merely because the person is engaged (on a temporary basis) to carry out other work in the same or any other government sector agency.

"termination" of the employment of a person includes dispensing with the services of the person.

(2) Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996 does not apply to contracts of employment of employees of any government sector agency that are alleged to be unfair for any reason relating to excess employees, including the following--

(a) when and how employees become excess employees,

(b) the entitlements of excess employees (including with respect to redeployment, employment retention, salary maintenance and voluntary or other redundancy payments),

(c) the termination of the employment of excess employees.