The Public Service Act 2008 (PS Act) establishes employment on tenure is the default basis of employment in the public service, excluding non-industrial instrument employees and sets out the circumstances where employment on tenure is not viable or appropriate.
- highlights key sections in the PS Act dealing with the employment and conversion of casual employees
- provides for the circumstances in which employment on tenure or a fixed term temporary employee is not viable or appropriate
- sets out procedures for reviews and requirements for decisions.;
What has changed in this directive?*
|What’s new?||Previous directive|
|Employee can request a conversion review after 12 months of continuous casual employment on a regular and systematic basis or a combination of casual and fixed term temporary employment.||An employee could only be eligible to request a review for conversion after a minimum of two years regular and systematic employment.|
|Employer obliged to conduct a mandatory conversion review after two years of continuous employment, and then annually if they remain continuously employed.||Decision making criteria was only provided for in the Directive 01/17.|
|Public Service Act 2008 sets out framework for review, conditions for conversion and definition of continuous employment.||Directive 01/17 provides some examples of appropriate and viable use of casual employment however this was not a legislative requirement.|
|Directive provides parameters for use of casual employment. This is addressed in the revised directive which includes examples of circumstances where casual employment is appropriate.||N/A|
|New appeal rights in relation to a two-year review and in relation to the hours of work offered for conversion to permanent employment.||N/A|
*Noting this directive is a replacement rather than an amendment because significant changes have been made to align with amendments to the Public Service Act 2008.