Under this directive, services and agencies are required to inform workers and their representatives of the proposed amendment. Departments and agencies must consider their consulting obligations as part of the enterprise agreement, as the trigger for consultation may vary. In general, public sector employers are also required to consult regularly with affected workers and their representatives, including trade unions, and to immediately review the issues raised to ensure the implementation of change initiatives involving all parties involved. The TSP should only be used under good faith redundancy conditions. Good faith layoffs occur when functional facilities or areas are closed, the organization is dissolved or the skills of public sector staff are no longer required. The policy of redundancy, redeployment and reduction is intended to fairly and equitably assist public sector workers who have been labelled surpluses. This policy advises in two areas: it also depends on the application of the transfer of operating rules in the FW law or an agreement between the workers and the new operator. Services and agencies must ensure that they do not terminate the employment of a staff member, unless there is a good reason for the employee`s ability or behaviour or that the dismissal is based on the operational requirements of the department or agency; Z.B. Structural changes that lead to redundancy. Departments and agencies may have existing redundancy and related employment regimes that are consistent with Victorian government policy. The provisions of this directive apply to the process of dismissal/dismissal in Victorian public sector authorities.
If the FWC is satisfied that the dismissal is a real dismissal, it is not possible to continue the hearing. The provisions of the FW Act, the corresponding employment contracts and federal prices must be respected. Dismissal of a worker is not a case of actual dismissal if it would have been appropriate, in all circumstances, for the worker to be redistributed within the employer or an associated organization. In accordance with the obligations of implementing the amendable provisions contained in enterprise agreements, employers are required to consult with and treat workers fairly and reasonably and to consistently apply objective and non-discriminatory criteria. Employers must ensure that employment policies and processes are in place to protect these rights, and all leaders and workers are aware of these processes and rights. A worker will not be dismissed unduly if the FWC is satisfied that the dismissal was a real case of dismissal.