Return To Work SA - Redundancy

12 September 2017

As previously reported in the PSA’s Information Update dated 1 August 2017, questions were raised in the Consultative Group meeting held on 28 July regarding the application of Clause 25.3 of the Return to Work SA Enterprise Agreement 2015, specifically the practice of employees being paid six weeks pay in lieu of the redundancy notice period. The PSA presented its position that this payment could only be made at the employees’ election. The employer’s position is that if no suitable work is available for the respective employee then payment could be made in lieu of the six weeks notice. The PSA stated that this practice could impact significantly on an employee’s redundancy payment and subsequent benefit from Super SA if they were to miss out on a pay increase scheduled in the Enterprise Agreement during the six weeks in question.

Management advised it would seek advice from Crown Law and if it is found that the payment in lieu had been applied incorrectly it would make the appropriate payment adjustments to any affected employees.
The PSA is pleased to inform members that management has agreed with the PSA’s position and pay adjustments will be made to affected employees.


PSA Worksite Representative and a PSA Senior Industrial Officer attended the Consultative Group Meeting on 4 September 2017.
Various agenda items were discussed at the meeting. Of particular interest was discussion about pay point progression while employees are undertaking higher duties or on secondment.

The PSA Worksite Representative reported that there were a number of staff undertaking higher duties for a considerable period of time that have not been paid the next increment despite being found suitable through the performance development process. It was also identified that there is no reference in the policy to the payment of increments while on higher duties, however there are words on the ‘Application form’ that refer to this issue. It was also noted that this exemption had not been discussed at the consultative group. There is similar concerns regarding employees on secondment, as there are no policies about secondment or pay point progression in relation to higher duties.

Management is concerned that some items have been missed through the recent policy review. They will review policies to ensure nothing else has been missed and report back to the committee. At the next meeting in October the consultative group will workshop a resolution to the pay point progression issue.