Chapter 10. Retrenched Workers

10.1. Chapter OverviewCopy citation · §10.1

The Department works with Commonwealth agencies, state, territory and local governments and regional stakeholders, including Workforce Australia Providers, to support people, employers and communities impacted by structural adjustment events. This may include business closures, company restructures and insolvency appointments.

This Chapter outlines how Providers register and deliver services to retrenched workers (and their partners) when they have lost their job, or if they are facing job loss, due to their employer making their position redundant.

A retrenched worker and/or their eligible partner can access employment services by:

• directly registering through the Early Access initiative,

• directly registering in a specified Structural Adjustment Program (SAP); or,

• Services Australia referral, if receiving income support payments.

10.2. Early Access initiativeCopy citation · §10.2

Through the Early Access initiative, retrenched workers and their partners are eligible Participants of Workforce Australia Services, regardless of whether they are in receipt of income support payments.

Retrenched workers and their partners can directly be registered for employment services when the worker receives notification from their employer they are expected to be retrenched within the next 3 months, or when they have been retrenched within the last 6 months.

Further information and resources for retrenched workers can be found on the Department’s What’s Next website.

To find out more about servicing retrenched workers under the Early Access initiative, Providers can undertake a course in the Learning Centresign-in required (sign-in required) or contact their Provider Lead.

10.3. Structural Adjustment ProgramsCopy citation · §10.3

A Structural Adjustment Program (SAP) is a tailored workforce transition solution that may be implemented in exceptional circumstances, at the Department’s discretion.

A SAP may:

• be implemented to assist retrenched workers (and their eligible partners) who are impacted by a significant structural adjustment event, such as a business closure, restructure, or insolvency.

• encompass a range of supports and services in instances where they are not otherwise available, or the capacity of existing services is exceeded.

A retrenched worker (and/or their eligible partner) can only be registered under one retrenched worker program. A SAP takes priority over Early Access as it offers a higher level of support. 

**There are currently no SAPs in place. **

Guidance on registering and servicing Participants in any new SAPs will be issued to Providers as required. Guidance materials will outline any additional services available to SAP participants.

10.4. Assessing eligibilityCopy citation · §10.4

Providers are expected to assess the eligibility of a retrenched worker or their partner, who will provide evidence of the retrenchment, including the expected retrenchment date or time frame. 

• Documentary evidence — Evidence of retrenchment can include:

• a termination letter

• certificate of separation

• notification of pending retrenchment

• other documentation, including payslips or a statutory declaration

• Documentary evidence — Eligibility criteria for partners of retrenched workers:

• Partners of retrenched workers must satisfy the Provider that they are looking for work or looking for more work.

• Participants registering as a partner will be in a relationship if they are legally married; in a registered relationship; or in a de facto relationship.

• Evidence of partnership can include at least one of the following: 

  • marriage certificate or evidence that the relationship has been declared to any relevant government bodies (for example: Centrelink or the Australian Taxation Office) 

  • current evidence of living together (for example: lease or mortgage documents, council rate notices, utility bills) 

  • evidence of joint financial obligations (for example: insurance policies, joint bank account statements). 

Retrenched workers and their partners:

• are not required to apply for, or already be in receipt of, income support prior to accessing Workforce Australia Services.

• may be still employed when they register and start receiving assistance.

• may be referred to Workforce Australia Services by Services Australia, regardless of their eligibility for income support.

10.5. Registering Participants in a Structural Adjustment ProgramCopy citation · §10.5

• System step — Providers must Directly Register eligible Participants and select the Early Access Special Placement flag (or the specific SAP Special Placement flag, if applicable), in the "Special Client Type" field on the Participant’s record.

• System step — If the Participant is referred from Services Australia or the NCSL, Providers must confirm the status of the Participant’s registration and select the relevant Special Placement flag, as outlined above.

Providers may have Participants on their Caseload who were registered under a previous SAP. In these cases, the Participant’s record in the Department’s IT Systems will display a Special Placement Flag indicating their SAP. 

Providers can refer to the Direct Registration Task Cardsign-in required (sign-in required) for instructions on how to Direct Register Participants under Early Access (or a SAP, if relevant).

Providers can refer Participants to Services Australia for financial assistance, independent of Directly Registering them for employment services.

(Deed Reference(s): Clause 102.1 (b))

10.6. Servicing Early Access (and SAP) ParticipantsCopy citation · §10.6

The Provider must conduct an Initial Interview for each SAP Participant in accordance with the Deed. At the Initial Interview, the Providers should explain to the Participant the Services they will receive.

Participants will generally not have Mutual Obligation Requirements on Commencement under Early Access or a SAP, as they are not required to be receiving income support payments to be eligible for employment services.

Any Participants in receipt of Income Support Payments will be subject to the same Mutual Obligation requirements as other recipients, including having an approved Job Plan. 

Once the Participant is Commenced, the Provider must deliver Services to the Participant as an eligible Participant in accordance with the Deed, as well as per specific SAP Guidelines (if applicable), until they Exit Workforce Australia Services.

The Provider may ask the Participant to complete the Job Seeker Snapshot, to gain a comprehensive understanding of their circumstances and the type of assistance they need.

(Deed Reference(s): Chapter B2)