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Published online by Cambridge University Press: 24 January 2025
This article critically examines the law concerning dismissal on grounds of redundancy as it applies to the Australian Public Service (‘APS’). Such an examination is timely, given the newly elected Coalition government's stated intention to reduce the APS by 12 000 employees through natural attrition.
The article argues that a reduction of 12 000 employees through natural attrition alone is unlikely, and that redundancies are almost inevitable. Against this backdrop, the article considers recent legislative developments concerning dismissal on grounds of redundancy. Its focus is the genuine redundancy exclusion contained in s 389 of the Fair Work Act 2009 (Cth) (‘FW Act’) and its application to APS employment. The genuine redundancy exclusion precludes unfair dismissal claims if the redundancy is genuine, the employer complies with any consultation obligations in a modern award or enterprise agreement and it would not have been reasonable in all the circumstances to redeploy the affected employee within the employer's enterprise or that of an associated entity.
The article argues that, prior to the FW Act, redundancy obligations were predominantly dealt with in collective agreements, and did not require consultations or redeployment of redundant employees beyond the individual agency. However the FW Act fundamentally changed the law in this area. The article contends that a failure to comply with consultation obligations in an agency enterprise agreement will increase the prospects of a dismissal being found to be unfair. In the APS this is problematic, given the convoluted nature of many consultation clauses in enterprise agreements. The article also argues that the redeployment obligations in s 389(2) are extremely broad and, contrary to past practice under the Public Service Act 1999 (Cth) (‘PS Act’), encompass redeployment across the APS. The obligation to redeploy across the APS creates tensions in the law between the provisions of the FW Act and the devolution of managerial powers under the PS Act.
I wish to thank my colleagues Ms Pauline Thai and Emeritus Professor Dennis Pearce AO for their helpful comments on earlier drafts of this article. I also wish to thank and acknowledge the helpful suggestions for improvement made by the anonymous referees. Thanks must also go to Alice Crawford for valuable research assistance in the preparation of this article.
1 Tony Abbott, ‘Address to the 2013 Federal Coalition Campaign Launch’ (Speech delivered at the Federal Coalition Campaign Launch, Brisbane, 25 August 2013).
2 Tony Abbott, ‘The Coalition Will Restore Strong, Stable and Accountable Government’ (Media Release, 18 September 2013).
3 Details of changes to the APS can be found in the Administrative Arrangements Order: Commonwealth, Administrative Arrangements Order, 18 September 2013.
4 See Roles, Cameron, O'Donnell, Michael and Fairbrother, Peter, ‘The Aftermath of the Global Financial Crisis and Union Strategies in the Australian Public Service’ (2012) 67(4) Relations Industrielles/Industrial Relations 633, 640.CrossRefGoogle Scholar
5 FW Act s 119. The only other instance of a statutory entitlement to redundancy payments prior to the FW Act is the Employment Protection Act 1982 (NSW), which provides redundancy entitlements to a tiny minority of New South Wales award covered employees.
6 FW Act s 389.
7 The Fair Work Amendment Act 2012 (Cth), among other things, changed the name of Fair Work Australia ('FWA’) to the Fair Work Commission from 1 January 2013: see sch 9. For ease of reference, the acronym FWC will be used, and should be taken as referring also to FWA in respect of matters prior to 1 January 2013.
8 In addition to any obligations contained in a certified agreement, various iterations of the Commonwealth industrial statute since 1993 have imposed obligations on employers with respect to redundancies, such as an obligation to notify Centrelink if more than 15 employees are to be made redundant and certain other notification and consultation obligations. For the current iteration of these provisions see FW Act pt 3–6 div 2. These various statutory obligations are beyond the scope of this article, as they are not central to the argument.
9 Employees can be engaged in the APS as either ongoing employees (PS Act s 22(2)(a)), or for a specified term or for the duration of a specified task (PS Act s 22(2)(b)), or for duties that are irregular or intermittent (PS Act s 22(2)(c)). These latter categories are known as non-ongoing employees. Most agency agreements do not provide for redundancy entitlements for such employees, and as such any entitlements they may enjoy are beyond the scope of this article. Likewise any discussion of the redundancy entitlements of Senior Executive Service ('SES’) employees is also beyond the scope of this analysis.
10 The PS Act s 10A(1)(b) states that the usual basis for engagement should be as an ongoing APS employee.
11 The definition of excess is usually contained in an agency's enterprise agreement. A declaration that an employee is excess to the requirements of an agency is usually preceded by obligations which are triggered after an employee is informed that they may be potentially excess to requirements. Often employees who are potentially excess are offered voluntary retrenchment prior to a formal excess declaration.
12 PS Act s 29(3)(a).
13 See Judiciary Act 1903 (Cth) s 39B. A declaration of excess cannot be challenged under the Administrative Decisions (Judicial Review) Act 1977 (Cth): see O'Halloran v Wood [2003] FCA 854. A termination decision is however clearly challengeable under that Act: see, eg, O'Halloran v Wood [2004] FCA 544.
14 Work Choices was the popular name given to the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) which substantially amended and renumbered the Workplace Relations Act 1996 (Cth).
15 The AIRC was the predecessor to the industrial tribunal now known as the FWC.
16 Liberal/National Party Coalition, Real Solutions for All Australians: The Direction, Values and Policy Priorities of the Next Coalition Government – The Coalition's Policy to Improve the Fair Work Laws (May 2013) 3.
17 Under the PS Act 1922 there was no category called ‘permanent’ employee. I am using this expression for reasons of clarity. It should be taken to refer to continuing employees with more than one year's service, or officers not on probation.
18 For details of the rules concerning APS redundancies, including redeployment obligations, as at February 1997, see Anforth, Allan, ‘Redundancies in the Australian Public Service’ (1997) 35(1) Law Society Journal 67.Google Scholar
19 PS Act 1922 s 76W.
20 For a discussion of this shift towards enterprise bargaining in the APS, see O'Brien, John and O'Donnell, Michael, ‘From Workplace Bargaining to Workplace Relations: Industrial Relations in the Australian Public Service under the Coalition Government’ in Pittard, Marilyn and Weeks, Phillipa (eds), Public Sector Employment in the Twenty First Century (ANU E Press, 2007) 127.Google Scholar
21 PS Act ss 57 (Secretaries of Departments), 66 (Agency Heads of Executive Agencies).
22 PS Act s 22(1).
23 PS Act s 20.
24 Explanatory Memorandum, Public Service Bill 1999 (Cth) [3]. For a discussion of the nature of s 20 of the Public Service Act 1999 (Cth), see Pearce, Dennis, ‘Exercise of Powers under Section 20 of the Public Service Act 1999 (Cth)’ (2007) 56 AIAL Forum 16–21.Google Scholar
25 PS Act s 20.
26 PS Act ss 25, 26.
27 APS employees are bound by the APS Code of Conduct contained predominantly in s 13 of the PS Act, and can have a range of sanctions imposed for breaching the Code: PS Act s 15. A range of other provisions also play a role with respect to APS discipline: see, eg, the APS values in s 10, the employment principles in s 10A, the employer's power to suspend in s 28 and Public Service Regulations 1999 (Cth) reg 3.10, and the Australian Public Service Commissioner's Directions 2013 (Cth).
28 PS Act s 29.
29 PS Act s 8.
30 PS Act s 29(1).
31 PS Act s 29(3).
32 For other certified agreements with similar definitions of ‘excess’ see Defence Employees Certified Agreement 2000–2001 sch 6 s 6B.1; ATO (General Employees) Agreement 2000 s 108.1.
33 See, eg, ATO (General Employees) Agreement 2000 cls 108.3, 109.4; Defence Employees Certified Agreement 2000–2001 sch 6 cls 6C.1–3, 6E.3, s J.
34 The APS did set up schemes to assist public servants to find jobs in other agencies. An example of such a scheme was the Australian Public Service Labour Market Adjustment Program. Some agency certified agreements also offered preference to excess employees in other agencies: see, eg, Defence Employees Certified Agreement 2000–2001 sch 6 cl 6M.1.
35 PS Act s 26.
36 PS Act s 27.
37 See WR Act pt VIA div 3. For a discussion of these laws, see Chapman, Anna, ‘Termination of Employment under the Workplace Relations Act 1996 (Cth)’ (1997) 10 Australian Journal of Labour Law 89.Google Scholar Note that employees could also bring a claim that their employment had been unlawfully terminated: see WR Act ss 170CK–170CN.
38 Note that there were many exclusions from the coverage of Commonwealth unfair dismissal laws. Most of these exclusions were not relevant to award/agreement covered ongoing APS employees, save for the exclusion on grounds of probation and/or employees serving a three month qualifying period: see WR Act s 170CC(1)(b) and s 170CE(5)(A).
39 WR Act s 170CE(1)(a).
40 A valid reason is one which is ‘sound, defensible or well founded’ and not ‘capricious, fanciful, spiteful or prejudiced': Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371, 373.
41 WR Act s 170CG(3)(a).
42 WR Act s 170CG(3)(b)–(db). Other relevant factors could also be taken into account: WR Act s 170CG(3)(e).
43 Macken, James et al, The Law of Employment (Lawbook Co, 5th ed, 2002) 331–2.Google Scholar
44 See, eg, Quality Bakers of Australia v Goulding (1995) 60 IR 327; Kenefick v Australian Submarine Corporation (1995) 62 IR 107, 116; Lang v Tenix Defence Systems Pty Ltd (Unreported, AIRC, Williams SDP, 20 April 2000); Powerlab Pty Ltd v Georgiadis (2005) 147 IR 406.
45 See Windsor-Smith v Liu (1998) 140 IR 398.
46 For a selection of Full Bench decisions see Lockwood Security Products Pty Ltd v Sulocki (Unreported, AIRC, Giudice J, Lacy SDP and Blair C, 23 August 2001); Smith v Moore Paragon Australia Ltd (Unreported, AIRC, Ross VP, Lacy SDP and Simmonds C, 21 March 2002); Rosedale Leather Pty Ltd v Metcalf (2004) 144 IR 365; Australian Nuclear Science And Technology Organisation v Rajaratnam (2005) 145 IR 165.
47 See, eg, Windsor Smith v Liu (1998) 140 IR 398; Lockwood Security Products Pty Ltd v Sulocki (Unreported, AIRC, Giudice J, Lacy SDP and Blair C, 23 August 2001).
48 See Dahlstrom v Wagstaff Cranbourne Pty Ltd (Unreported, AIRC, Boulton J, Acton SDP and Simmonds C, 25 September 2000).
49 Smith v Moore Paragon Australia Ltd (Unreported, AIRC, Ross VP, Lacy SDP and Simmonds C, 21 March 2002).
50 Powerlab Pty Ltd v Georgiadis (2005) 147 IR 406.
51 Anthony Forsyth, ‘Freedom to Fire: Economic Dismissals under Work Choices’ (Research Report, Victorian Office of the Workplace Rights Advocate, 2007) 17–19.
52 Ibid.
53 WR Act s 170CA(2).
54 The PS Act was amended slightly to ensure consistency with the new Work Choices laws.
55 Non-greenfields certified agreements, either negotiated with a union or directly with employees, were known as either employee or union collective agreements: see Work Choices ss 327, 328.
56 See Department of Employment, Workplace Relations and Small Business, Policy Parameters for Agreement Making in the Australian Public Service (May 1999) cl 5.
57 For an excellent account of the operational reasons exemption, see Forsyth, above n 51.
58 A range of other exclusions were also introduced by Work Choices, notably an exclusion from unfair dismissal laws for employers who employed 100 or fewer employees: Work Choices ss 643(10)–(12). However these exclusions are not discussed in this article, as they are not relevant to the vast majority of APS employees.
59 Work Choices s 652(3).
60 The AIRC was required to hold a jurisdictional hearing if it was alleged that the genuine operational reasons exclusion applied, and if it found for the employer, the claim was invalid: see Work Choices s 649.
61 Work Choices s 643(9).
62 Forsyth, above n 51, 25–6.
63 Commonwealth, Parliamentary Debates, House of Representatives, 2 November 2005, 21 (Kevin Andrews).
64 (2007) 158 IR 137.
65 Ibid 145.
66 FW Act s 119.
67 FW Act s 117.
68 See Industrial Relations Act 1988 (Cth) s 170DB; WR Act s 170CM; Work Choices s 661.
69 Redundancy Case (2004) 129 IR 155.
70 Centrelink Agreement attachment 4 cl 39; ATO (General Employees) Agreement 2000 cls 109.4, 109.12–15.
71 FW Act s 119.
72 See, eg, Department of Agriculture, Fisheries and Forestry Enterprise Agreement 2011–2014 cl 92.1.
73 Creighton, Breen and Stewart, Andrew, Labour Law (Federation Press, 5th ed, Sydney, 2010) [17.64].Google Scholar
74 FW Act s 342.
75 FW Act s 340. See also Creighton and Stewart, above n 73, [17.69] and following.
76 FW Act s 341.
77 FW Act ss 346–7.
78 FW Act s 351. Part 3–1 also contains other provisions, such as prohibitions on coercion, undue influence and misrepresentation: see ss 343–5, ss 348–9.
79 FW Act s 385(d).
80 FW Act ss 385(b), 394.
81 FW Act s 396.
82 FW Act s 387.
83 FW Act ss 387(b)–(g).
84 FW Act s 387(h).
85 A valid reason is a reason ‘related to the person's capacity or conduct (including its effect on the safety and welfare of other employees)': FW Act s 387(a).
86 See, eg, UES International Pty Ltd v Harvey [2012] FWAFB 5241 (14 August 2012) [42]. See also Crema v Abigroup Contractors Pty Ltd [2012] FWA 5322 (2 October 2012) [16]; Ball v Metro Trains Melbourne [2012] FWA 7729 (11 September 2012) [52]–[55].
87 A failure to consult may lead to a finding that a dismissal was unfair, even if the dismissal would have occurred anyway had consultation obligations been complied with: see, eg, UES International Pty Ltd v Harvey [2012] FWAFB 5241 (14 August 2012). A failure to redeploy in circumstances where redeployment is available will often lead to a finding of unfairness: see below.
88 FW Act s 119.
89 Ulan Coal Mines Ltd v Howarth (2010) 196 IR 32, 35 [15] ('Ulan Coal No 1’).
90 The Explanatory Memorandum to the Fair Work Bill 2008 (Cth) gives several examples of redundancy which are similar to those highlighted here: see [1548]–[1549].
91 See Dibb v Commissioner of Taxation (2004) FCR 388, 404–5.
92 This definition of excess can be traced back to a similar definition in s 7(3) of the PS Act 1922.
93 FW Act s 389(1)(b).
94 Australian Public Service Bargaining Framework cl 1.2 ('APS Bargaining Framework’). The APS Bargaining Framework took effect from 31 January 2011: see Australian Public Service Commission, Circular 2011/1: Introduction of the Australian Public Service Bargaining Framework (3 February 2011).
95 [2012] FWAFB 5241 (14 August 2012) ('UES International’).
96 Ibid [49].
97 Ibid.
98 WR Act s 170CA(2).
99 FW Act s 381(2).
100 FW Act s 389(1)(b).
101 For recent examples see UES International [2012] FWAFB 5241 (14 August 2012); Ball v Metro Trains Melbourne [2012] FWA 7729 (11 September 2012); Murrihy v R Mechanical Services Pty Ltd [2012] FWA 8416 (8 October 2012); Vidaic v Market Street Holdings Pty Ltd [2012] FWA 9311 (2 November 2012); Thomas v InfoTrak Pty Ltd [2013] FWA 1134 (21 February 2013); Harbud v Australian Commercial Catering [2013] FWA 2625 (3 July 2013); Sajan v Amdel Pty Ltd [2013] FWA 4784 (18 July 2013); Siriwardhana v FDGH Pty Ltd [2013] FWA 5609 (12 August 2013); Papathanasiou v HBS Group Pty Ltd [2013] FWA 6838 (11 September 2013).
102 See, eg, Murrihy v R Mechanical Services Pty Ltd [2012] FWA 8416 (8 October 2012); Vidaic v Market Street Holdings Pty Ltd [2012] FWA 9311 (2 November 2012); Harbud v Australian Commercial Catering [2013] FWA 2625 (3 July 2013); Sajan v Amdel Pty Ltd [2013] FWA 4784 (18 July 2013); Papathanasiou v HBS Group Pty Ltd [2013] FWA 6838 (11 September 2013).
103 See, eg, UES International [2012] FWAFB 5241 (14 August 2012); Ball v Metro Trains Melbourne [2012] FWA 7729 (11 September 2012); Thomas v InfoTrak Pty Ltd [2013] FWA 1134 (21 February 2013); Siriwardhana v FDGH Pty Ltd [2013] FWA 5609 (12 August 2013).
104 Ulan Coal No 1 (2010) 196 IR 32, 39 [27].
105 DAFF Agreement cl 89.1.
106 Ibid cl 89.2.
107 Ibid cl 89.5.
108 Ibid cl 89.8.
109 Ibid cl 89.9.
110 The issue of redeployment to an associated entity has no application in the APS context, and is beyond the scope of this article.
111 (2010) 199 IR 363 ('Ulan Coal No 2’).
112 Ibid 371 [34].
113 Ibid.
114 [2012] FWA 8289 (26 October 2012) ('Aldred’).
115 Ibid [36]–[37].
116 Community and Public Sector Union v Australian Securities & Investments Commission re Australian Securities & Investments Commission Level Enterprise Agreement 2009–2011 [2010] FWA 9494 (13 December 2010) [17]–[27].
117 Ibid [12].
118 Ibid [24].
119 (2010) 199 IR 363, 370 [27].
120 Ibid [28].
121 [2012] FWA 5322 (26 June 2012).
122 Ibid [123].
123 [2012] FWA 8289 (26 October 2012) [21].
124 Ibid [39]–[47].
125 A recent decision of the FWC indicates that redeployment obligations for Australian based employees are unlikely to extend to overseas locations of associated entities: Roy v SNC-Lavalin Australia Pty Ltd [2013] FWC 7309 (30 September 2013).
126 See Jenny Craig Weight Loss Pty Ltd v Margolina [2011] FWAFB 9137 (23 December 2011) [28].
127 Air Services Act 1995 (Cth).
128 Civil Aviation Act 1988 (Cth).
129 For the definition of ‘associated entity’ see Corporations Act 2001 (Cth) s 50AAA.
130 See Members of Parliament (Staff) Act 1984 (Cth).
131 See Governor-General Act 1974 (Cth) s 13.
132 High Court of Australia Act 1979 (Cth).
133 Australian Security Intelligence Organisation Act 1979 (Cth) s 84.
134 Australian Federal Police Act 1979 (Cth) pt 3 div 2.
135 See Census and Statistics Act 1905 (Cth).
136 (2011) 210 IR 25 ('Lindsay’).
137 Ibid 41 [133].
138 Ibid 45 [135].
139 FW Act s 795(1).
140 Ibid s 795(4)(a).
141 Fair Work Regulations 2009 (Cth) sch 6.3.
142 PS Act s 78.
143 The employment and appointment powers of an Agency Minister include the appointment of the head or acting head of an Executive Agency, along with limited powers in relation to that head (PS Act ss 67–9), the right to be consulted concerning the appointment of Departmental Secretaries (s 58), limited employment powers in relation to Agency Heads and forfeiture of remuneration (s 31), and the power to direct Agency Heads in relation to Heads of Mission (s 39).
144 These powers include the making of classification rules (PS Act s 23) and a power to determine APS pay and conditions ‘because of exceptional circumstances’ (PS Act s 24(3)). The s 24(3) powers are most frequently invoked during wartime, though they have been used by the current government to facilitate the Machinery of Government changes in the wake of the September 7 election: see Australian Public Service Commission, Circular 2013/9: Transitional Arrangements for APS Employees Affected by Machinery of Government Changes (18 September 2013).
145 PS Act s 27.
146 [2013] FWC 1299 (8 May 2013) ('Noronha’).
147 Ibid [79].
148 Ibid [78]–[81].
149 (2010) 199 IR 363, 365 [5].
150 FW Act s 389(2)(b).
151 (2010) 199 IR 363, 370 [27].
152 Howarth v Ulan Coal Mines Ltd [2010] FWA 4817 (12 July 2010) [50]–[53].
153 [2012] FWA 8289 (26 October 2012).
154 Ibid [44].
155 Australian Public Service Commission, APS Redeployment Policy (last updated 12 July 2013).
156 Department of the Prime Minister and Cabinet (Cth), Ahead of the Game: Blueprint for the Reform of Australian Government Administration (2010) ('Ahead of the Game Report’).
157 Ibid 54.
158 Ibid 55.
159 APS Bargaining Framework cl 1.8.
160 Ibid cl 4.2.
161 Policy cls 1.1, 1.2.
162 Ibid cl 2.1.
163 PS Act s 26.
164 Policy cl 2.2.
165 Ibid cl 1.8.
166 The Policy also adds weight to the argument, discussed earlier, that the ‘employer's enterprise’ should not be taken to mean Commonwealth employment outside of the APS.
167 PS Act s 11A(1)(c).
168 See, eg, Ulan Coal No 1 (2010) 196 IR 32; Ulan Coal No 2 (2010) 199 IR 363; Crema v Abigroup Contractors Pty Ltd [2012] FWA 5322 (26 June 2012); Aldred [2012] FWA 8289 (26 October 2012); UES International [2012] FWAFB 5241 (14 August 2012); Ball v Metro Trains Melbourne [2012] FWA 7729 (11 September 2012).
169 PS Act s 29.
170 FW Act s 386.
171 For an example of such a retention provision see DAFF Agreement cl 94.
172 PS Act s 27.
173 Ibid s 10A(1).
174 Ibid s 11A(1)(c).
175 For a discussion of these changes see Australian Public Service Commission, A History in Three Acts: Evolution of the Public Service Act 1999, Occasional Paper No 3 (2004) chs 6–8.
176 These APS financial accountability obligations are contained predominantly in the Financial Management and Accountability Act 1997 (Cth) ('FMA Act’). The FMA Act and the Commonwealth Authorities and Companies Act 1997 (Cth) will be replaced by the Public Governance, Performance and Accountability Act 2013 (Cth), the provisions of which are expected to take effect from 1 July 2014.
177 Ahead of the Game Report, above n 156.
178 Nethercote, John, ‘The Australian Public Service: Statutory, Doctrinal and Institutional Arrangements for its Governance’ in Pittard, Marilyn and Weeks, Phillipa (eds), Public Sector Employment in the Twenty First Century (ANU E Press, 2007) 70.Google Scholar
179 Ibid.
180 For an account of the legal changes to APS employment law since federation, see Weeks, Phillipa, ‘The Reshaping of Australian Public Service Employment Law’ in Pittard, Marilyn and Weeks, Phillipa (eds), Public Sector Employment in the Twenty First Century (ANU E Press, 2007) 11CrossRefGoogle Scholar; Mark Molloy, ‘A Revised Legislative Framework for Australian Public Service Employment: the Successive Impacts of the Workplace Relations Act 1996 (Cth) and the Public Service Act 1999 (Cth)’ in Pittard, Marilyn and Weeks, Phillipa (eds), Public Sector Employment in the Twenty First Century (ANU E Press, 2007) 81.Google Scholar
181 Both the Commonwealth Superannuation Scheme (CSS) and the Public Sector Superannuation Scheme (PSS) were generally regarded as quite generous defined benefit superannuation schemes: see Superannuation Act 1976 (Cth) and Superannuation Act 1990 (Cth) respectively. The CSS was closed to new members in 1990, and the PSS scheme closed to new members from 30 June 2005.
182 Explanatory Memorandum, Public Service Bill 1999 (Cth) [4.18].
183 Elizabeth Byrne, ‘Rudd Backs Public Service Shakeup', Australian Broadcasting Corporation (online), 9 May 2010 <http://www.abc.net.au/news/2010-05-09/rudd-backs-public-service-shake-up/427874?section=justin>.
184 Subject, of course, to the possibility that a trade union, as a bargaining representative, could apply for a scope order: see FW Act s 238.
185 Ulan Coal No 2 (2010) 199 IR 363, 365 [5].
186 Liberal/National Party Coalition, above n 16.
187 See, eg, Noel Towell, ‘Health Staff Told 350 Jobs in Sights', Canberra Times (online), 7 November 2013 <http://www.canberratimes.com.au/national/public-service/health-staff-told-350-jobs-in-sights-20131106-2x20a.html>; Noel Towell, ‘AusAID Graduate Program Scrapped', Canberra Times (online), 8 November 2013 <http://www.canberratimes.com.au/national/public-service/ausaid-graduate-program-scrapped-20131108-2x6it.html>; Noel Towell, ‘Sacked Public Servants “Parked” in New Division and Paid to Show Up', Canberra Times (online), 14 November 2013 <http://www.canberratimes.com.au/national/public-service/sacked-public-servants-parked-in-new-division-and-paid-to-show-up-20131114-2xhzh.html>.
188 Eric Abetz, ‘Interim Arrangements for APS Recruitment’ (Media Release, 31 October 2013).
189 Australian Public Service Commission, Interim Arrangements for Recruitment in the Australian Public Service — Guidance for Agencies (14 November 2013) [4(f)].
190 Ibid [4(b)]. The expression ‘“displaced employees” covers both ongoing SES and non-SES employees and includes employees who are identified as excess or potentially excess': [4(b)] n 1.
191 Ibid [16].
192 Ibid [17]–[18].
193 Ibid [19]–[20].
194 Ibid [5].