Notification of Employment Status

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This form must be completed to advise Ministerial and Parliamentary Services (MaPS) and the Parliamentary Workplace Support Service (PWSS) of your future employment intentions following the automatic termination of your MOP(S) Act employment.

Please complete this form as soon as possible once you have made a decision regarding your employment.

MaPS is unable to proceed with processing new employment agreements or payment of final monies (where applicable) until this form has been submitted.

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Employee details

Full name

Current office of

Employment type

AGS number

Your AGS number is provided in the top-right corner of each payslip.

Severance pay period

Note: In completing this section, you are advising MaPS of your intentions in relation to being paid a severance benefit.

Severance benefits are payable in accordance with clause 73.1 and 73.2 of the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27 (MOPS EA) to ongoing employees whose employment is terminated under the MOP(S) Act. Employees who are re-employed under the MOP(S) Act after termination must have a break in employment for one full business day or longer (whether that employment is with the employee’s original employing Parliamentarian or another Parliamentarian) to be eligible for the severance benefit.

If you are re-employed under the MOP(S) Act during the severance pay period, you must choose one of the following options when you complete a new employment agreement:

Keep your entire severance benefit, and waive your option to have your previous MOP(S) Act service recognised for severance and annual leave purposes;
OR
Not waive your option to have your previous MOP(S) Act service recognised for severance and/or annual leave purposes, and repay a portion of your severance benefit.

In order to keep your entire severance benefit upon re-employment under the MOP(S) Act, you must:

have a break in employment of at least one business day; and
when completing a new employment agreement, make an irrevocable written election to waive your prior service for the purposes of a future severance benefit and annual leave. This election is part of the employment agreement form. You are not required to make an irrevocable election until you are re-engaged under the MOP(S) Act.

Before deciding to waive the recognition of your prior service, you should note the effects on other employment entitlements and consider obtaining independent financial advice.

The effect of retaining a severance benefit under clause 73.6 of the MOPS EA has the following effects on entitlements if you are re-engaged.

Entitlement	Effect of enacting Clause 73.6
Annual Leave	Prior balance is not re-credited as it has been paid out. Your annual leave entitlement will reset and your leave will accrue daily from re-commencement of MOP(S) Act employment.
Personal Leave	Prior balance will be re-credited if the break in service is not more than a period of 60 days. The period of the break in service does not count as service. If the break in service is more than a period of 60 days, your personal leave entitlement will reset and your leave will accrue daily from re-commencement of MOP(S) Act employment.
Long Service Leave	Prior balance is not re-credited or recognised as it has been paid out and under the Long Service Leave (Commonwealth Employees) Act 1976 cannot be repaid. Prior service will be recognised in calculating total service (provided the break in employment has not exceeded 12 months). For example, if an employee were to be paid out 8 years of Long Service Leave pro rata and is then re-employed for another 2 years, they will have 10 years total service. They will be entitled to 2 years pro rata Long Service Leave, i.e. 18 days.
Parental Leave	If you are automatically terminated under section 14 of the MOP(S) Act during a period when you are absent on paid parental leave or, for the pregnant employee, in the six weeks prior to the expected date of birth of the child, you may be eligible to have the remaining parental leave entitlement paid out that you would have received had your employment not been terminated. In circumstances where you are accessing paid parental leave flexibly (e.g., under a flexible/part-time work arrangement), and your employment is automatically terminated under section 14 of the MOP(S) Act and clause 55.12 of the MOPS EA applies, you will be eligible to receive a payment equal to any remaining paid parental leave which had been formally requested and approved prior to the termination of your employment, and which you would have otherwise received had your employment not been terminated (irrespective of your termination occurring on a day when you are on duty or on a day you are accessing paid parental leave). Upon returning to MOP(S) Act employment, an employee who is a primary or secondary caregiver will be eligible for paid parental leave in accordance with clauses 55.7 and 55.8 of the MOPS EA. Eligibility for paid parental leave is not impacted by a break in service. However, when an employee returns to MOP(S) Act employment and has received a payment of paid parental leave for the same child, they will only be entitled to an amount of paid parental leave that has not already been paid to them in accordance with clauses 55.7 and 55.8 and/or paid in lieu in accordance with clause 55.12. If an employee receives a payment in accordance with clause 55.12, and, after the employee's employment is terminated, receives paid leave in accordance with the ML Act or additional paid parental leave from another Commonwealth employer, then the employee will be required to repay the amount to the Commonwealth within 60 days or the Commonwealth is entitled to recover the equal amount as a debt from the employee in accordance with clause 55.13 of the MOPS EA.
Future severance benefits	Prior service is not recognised. The service period for the purposes of a future severance benefit begins on re-commencement of employment.
Retention Payment	Employees will not be eligible for retention payments in November where they have a break of one business day or more in the preceding 12 months, including in order to retain a prior severance benefit.
Salary increment	Eligibility for the salary increment will not be impacted by a waiver of recognition of prior service provided the conditions of clause 23.9 of the Enterprise Agreement are met.
Competency assessment	Competency assessment immediately ceases on termination of employment, regardless of later re-employment. Employees are not eligible for competency assessment where they have a break of one business day or more in the preceding 12 months.

Intention to waive recognition of prior service to retain the entire severance benefit

The following is an indication of your intention to waive the recognition of your prior service in order to retain the entire severance benefit, should you be re-engaged under the MOP(S) Act within your severance pay period. Your election below is not legally binding and is for MaPS’ administrative purposes only. On re-engagement under the MOP(S) Act, you will be asked to make an irrevocable written election with respect to retaining a severance benefit when completing the employment agreement form.

If I am re-engaged under the MOP(S) Act within my severance pay period

I intend to waive my option to have my prior service recognised for future severance and/or annual leave purposes under clause 58.1 of the Enterprise Agreement.

Pursuant to clause 73.6, I understand the effect of retaining a severance benefit on my entitlements.

I do not intend to waive my option to have my prior service recognised for future severance and/or annual leave purposes under clause 58.1 of the Enterprise Agreement.

Pursuant to clause 73.5, I understand that I will be required to repay a portion of my severance benefit if I am re-employed during my severance pay period.

Payment of Final Entitlements

The Final Entitlements Estimator is an online tool which can provide you an estimate of your likely final monies following the cessation of your employment. MaPS is unable to provide you with tailored estimates or calculations of final monies prior to your cessation.

MaPS anticipates paying final monies within two pay periods of your cessation date, where practicable. Please note that final monies will not be calculated or paid until this form has been submitted to MaPS.

For employees on leave-without-pay from the Australian Public Service (APS), please refer to the MaPS Website for further information regarding termination and resigning from the APS.

Please pay final payments to my normal salary account

Please pay final payments to a different account

PLEASE NOTE: MaPS anticipates paying your final monies within two pay periods of your cessation date. MaPS will advise you if it is unable to meet this timeframe.

Account name

Branch number (BSB)

Account number

Contact details

Personal email address

Personal mobile phone number

Comments

By submitting this form, I acknowledge that:

I understand that knowingly giving false or misleading information is a serious offence under the Criminal Code Act 1995.

I have read and understood the Privacy Collection Notice (see below).

In accordance with clause 73.4 of the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27, if I am re-employed under the MOP(S) Act after receiving a severance benefit and the re-employment occurs during the period covered by the severance benefit, a portion of the severance benefit will be required to be repaid, unless I have made a waiver under clause 73.6.

Privacy Collection Notice: The Department of Finance (the Department) uses and discloses personal information collected in this form to facilitate the administration of the parliamentary business resources framework, and for employment purposes including to facilitate the management of your employment and for workforce planning purposes. The Department handles your personal information in accordance with the Privacy Act 1988. Personal and sensitive information may be disclosed to your employing Parliamentarian or other third party entities relevant to your employment, for workforce planning purpose or for improving culture in Commonwealth Parliamentary workplaces, including, but not limited to, the Independent Parliamentary Expenses Authority (IPEA), the Department of Parliamentary Services, the Parliamentary Workplace Support Service (PWSS), or will be disclosed as otherwise authorised or required by law. Details of the related expenditure may be tabled in Parliament, published on the Department’s website, or provided to the Special Minister of State, IPEA, or publicly, as authorised by law. More information is available at https://maps.finance.gov.au/maps-privacy-statement.