Senior executive service – employment conditions (Directive 09/23)

1. Purpose

1. This directive sets out requirements for the employment and employment conditions for senior executives and public service officers mobilised, seconded, or acting in senior executive roles employed under chapter 5, part 3 of the Public Sector Act 2022 (the Act).

2. Authorising provisions

2. Sections 88, 188, 189 and 222 of the Act.

3. Application

3. This directive applies to:
   1. public service employees employed as senior executives under section 188 of the Act
   2. persons employed to act in the office of a senior executive under section 189 of the Act
   3. persons performing work as a senior executive under a mobility arrangement under section 82 of the Act
   4. chief executives of public service entities as provided for in sections 16 and 17 of the Act, in their capacity as a chief executive of a public service entity or of public service employees.
4. Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.
5. Commission Chief Executive (CCE) Directive 03/21: Senior executive service – employment conditions is repealed and superseded by this directive.

4. Principles

4. The senior executive service:
   1. plays an integral leadership role in the Queensland public sector
   2. is a core of mobile, highly skilled executives who have a role to promote public service effectiveness and efficiency
   3. works collaboratively across the sector, enabling connected policy and service delivery agendas to improve community outcomes.
5. Chief executives are responsible for making decisions under the provisions of chapter 5, part 3 (Senior executives) of the Act, subject to approval under this directive by the Public Sector Commissioner (Commissioner).
6. Chief executives are required to act in a way that is compatible with the main purpose of the Act including by:
   1. providing for the employment of senior executives to provide the public service with high-performing, future-focused leadership
   2. treating public sector employees fairly
   3. taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups.
7. Under the Human Rights Act 2019 decision makers must:
   1. act and make decisions in a way that is compatible with human rights
   2. give proper consideration to human rights when making a decision under the Act and Commissioner directives.
8. Under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act, reframing entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by fulfilling certain responsibilities. Under section 21 of the Act, the chief executive of a reframing entity is responsible for ensuring the entity fulfils this role. Chief executives must act in a way which is consistent with these responsibilities when applying and making decisions under the Act and Commissioner directives.
9. Under chapter 2 (Equity, diversity, respect and inclusion) and chapter 3 (Public sector arrangements) of the Act, chief executives of public sector entities have a duty to promote equity and diversity in relation to employment matters, which includes in the application of and making decisions under the Act and Commissioner directives.
10. In addition to any specific requirements in this directive, chief executives of public sector entities are required to consider ways to support accessibility and inclusion for employees when undertaking processes, or applying provisions, under this directive.

5. Interpretation of directions

5. Chapter 5, part 3 (Senior executives) of the Act sets out the purpose of the senior executive service and employment of senior executives.
6. The requirements set out in these directions are binding and must be followed.
7. Under section 188(2) of the Act, a chief executive must not employ the senior executive unless the employment is approved by the Commissioner under a directive.
8. These directions set out the circumstances where approval by the Commissioner is required prior to the employment of a senior executive.
9. Where approval under this directive is not required, the chief executive is approved to employ a senior executive and no further approval from the Commissioner is necessary.

6. Reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples

6. Chief executives must consider the responsibilities under section 21 of the Act relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples, when managing the employment life cycle of people employed in accordance with this directive. This includes but is not limited to:
   1. promoting cultural safety and cultural capability at all levels of the public sector
   2. ensuring the workforce and leadership of the entities are reflective of the community they serve
   3. supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.

7. Profile of senior executives

7. The Commissioner will determine the administrative arrangements required to support the establishment and maintenance of the senior executive service profile and employment (section 188 of the Act), mobility (section 82 of the Act) or acting employment (section 189 of the Act) to senior executive roles.
8. The Commissioner will determine the standard employment contract that will be used for senior executives (section 190 of the Act). Any variation to the standard contract requires approval by the Commissioner.

8. Employment of senior executives

8. The recruitment of senior executives must comply with the directive about recruitment and selection.
9. Prior to advertising a vacant senior executive role for a period of more than six months, a chief executive of a public service entity must consult with the Public Sector Commission about the proposed recruitment and selection strategy (including a vacancy to be remunerated equivalent to the senior executive classification under section 155 of the Act).
10. When advertising a vacant senior executive role, the remuneration range quoted in vacancy advertisement must be the total fixed remuneration (TFR) amount for the minimum and maximum package points of the work value range (WVR) of the role.
11. Before employing a senior executive under section 188 of the Act, a chief executive must obtain the Commissioner's approval where the chief executive:
    1. proposes to employ the senior executive without advertising the vacancy, or
    2. proposes to limit the advertising of a vacancy to a specific group of applicants, or
    3. was a member of the selection panel.
12. The Commissioner may approve an exemption from all or part of this directive.

9. Hours of work and attendance

9. A senior executive’s ordinary hours of work will be determined by their chief executive, having regard to the health, well-being and work-life balance of the senior executive.
10. The chief executive may require a senior executive to undertake official duties for the whole or part of a public holiday.
11. Senior executives are not entitled to additional compensation for work performed outside of ordinary hours as determined by the chief executive (including public holidays).
12. A senior executive may access flexible work arrangements with the approval of their manager. Flexible work arrangements may include arrangements that relate to the pattern of work, the place of work, the work arrangements used and/or another arrangement under the public service entity’s flexible work policy.
13. A senior executive may be engaged on a part-time work arrangement. An approved part-time work arrangement by the chief executive constitutes the ordinary hours of the senior executive. A part-time senior executive is entitled to the benefits and entitlements of a full-time senior executive on a pro-rata basis.

10. Remuneration package and benefits

10. Subject to clauses 10.3 and 10.5, a senior executive will receive the TFR in accordance with the appendix of this directive.
11. A senior executive will be paid at the minimum package point of the WVR of their role on employment. In exceptional circumstances, the chief executive may approve to pay above the minimum package point within the WVR with prior approval of the Commissioner.
12. Noting clause 10.2, a chief executive may, without the prior approval of the Commissioner, employ a senior executive above the minimum package point within the WVR where employment above the minimum package point is required to maintain an existing package point for the senior executive.
13. In exceptional circumstances, the Commissioner may approve a variation to the TFR of a senior executive provided for under clause 10.1, within the appointed classification level, with prior endorsement by the chief executive.

Package point increases

14. A package point increase for a senior executive within the WVR of their role is tied to achieving and exceeding agreed performance objectives. The chief executive may approve:
    1. a single package point increase based on evidence of sustained high performance (e.g. following a completed formal performance assessment cycle)
    2. other package point increases, in exceptional circumstances, with prior endorsement by the Commissioner (e.g. where applicable, two package point increases within the WVR of the role at once).
15. The package point increase in clause 10.5(a) will take effect following approval, and on a date nominated, by the chief executive, provided the date is not prior to the date of the completion of the formal performance assessment cycle under clause 10.5(a).

The re-evaluation of roles

16. When re-evaluating a senior executive’s role (noting the low and high WVRs of the SES 2, SES 3 and SES 4 levels are deemed different classification levels) for the purpose of this clause) where there are:
    1. increases to the assessed work value by one classification level, the chief executive may approve the minimum package point of the new classification level on transition. In exceptional circumstances, the chief executive may approve to pay above the minimum package point with prior endorsement by the Commissioner.
    2. decreases to the assessed work value by one classification level, the chief executive may approve the senior executive’s existing package point only until the expiry of the senior executive’s current contract.
    3. decreases to the assessed work value by more than one classification level, the Commissioner may approve maintenance of the senior executive’s existing package point following endorsement by the chief executive.

Salary packaging

17. A senior executive may elect, through a signed agreement with their chief executive, to receive the following remuneration package benefits via in-house salary packaging at no administration cost to the senior executive:
    1. the payment of employee superannuation contributions
    2. the payment of subscriptions for membership of professional or occupational associations
    3. a benefit of another kind approved by the Commissioner.
18. A remuneration benefit agreed in clause 10.8 must not exceed the percentage of superannuable salary that would apply if the senior executive were to access the entity’s fee-for-service salary packaging scheme.
19. A senior executive may also access other salary packaging items from their entity’s provider in accordance with the rules and charges associated with using that service.
20. A person seconded, mobilised, or acting in a senior executive role may access the remuneration package benefits in clause 10.8 when the cumulative period of consecutive secondment or acting appointments exceeds 12 months.

11. Technological support

11. A chief executive may determine that a senior executive is to be provided with an official smartphone device and any other technological support necessary to enable the officer to fulfil their duties to the satisfaction of the chief executive. A senior executive is entitled to reasonable personal use of the smartphone or other technological support in accordance with the public service entity’s policy.

12. Application of award provisions and directives of industrial relations Minister

12. A senior executive is entitled to the benefits and allowances set out in the following award provisions and directives of the industrial relations Minister, as though the senior executive was covered by such award provisions and directives, subject to the amendments and/or conditions noted below:
    1. clauses 20 (personal leave) and 21 (parental leave) of the Queensland Public Service Officers and Other Employees Award – State 2015
    2. the directive about hours, overtime and excess travel, only to the extent that it provides for overtime meal allowance
    3. the directive about recognition of previous service and employment for long service, sick and paid parental leave purposes
    4. the directive about leave without salary credited as service, except to the extent that it provides for salary increments
    5. the directives about recreation leave (except to the extent that it provides for Christmas/New Year compulsory closure), sick leave, study and examination leave, special leave and paid parental leave
    6. the long service leave directive, provided that the employment of a senior executive is terminated or ended in one of the following ways, one year of continuous service is required to be completed by the officer before being entitled to proportionate payment of salary in lieu of an entitlement to long service leave:
       1. terminated by the chief executive prior to the contract expiry date (other than for disciplinary action or retirement on grounds of mental or physical incapacity)
       2. terminated by mutual agreement prior to the contract expiry date
       3. ended by non-renewal of the contract past the contract expiry date
    7. the directive about higher duties, except:
       1. the minimum period for relieving in a senior executive role means ‘at least one calendar week’ (that is, at least 7 calendar days, including weekends)
       2. the relevant percentage for relieving in a senior executive role will be 100 per cent unless otherwise approved by the Commissioner
       3. the clauses dealing with payment of increments during relieving periods and the recognition of higher duties on initial employment do not apply
       4. the low and high WVRs of the SES 2, SES 3 and SES 4 levels are deemed different classification levels for the purposes of calculating the higher duties allowance for acting in a senior executive role
       5. the calculation of the higher duties allowance to act in a senior executive role will be to the minimum package point of the WVR of the role. (In exceptional circumstances, the chief executive may approve payment above the minimum package point within the WVR with prior endorsement by the Commissioner)
       6. the higher duties allowance to act in a senior executive role is to be calculated on the difference between:
          • for employees who are existing senior executives, the respective remuneration package values
          • for employees who are not existing senior executives, the remuneration package value and the employee’s salary
       7. the higher duties allowance payable to act as a chief executive is subject to the approval of the Commissioner
    8. the directive about court attendance and jury service
    9. the directives about travelling and relieving expenses
    10. the directive about locality allowances
    11. the directive about critical incident entitlements and conditions, except to the extent that it provides for overtime, flexitime or time off in lieu
    12. the directive about leave and travel concessions for isolated centres, provided that motor vehicle allowance payments do not apply where travel is undertaken in a government owned and maintained motor vehicle provided for the private use of the senior executive.
13. A tenured senior executive is entitled to voluntary early retirement, redundancy and retrenchment entitlements in accordance with the relevant directive.

13. Christmas/New Year compulsory closure

13. A senior executive, including when on recreation or long service leave, is to be granted leave on full pay without debit to any leave account for those days during the Christmas/New Year compulsory closure period that are not public holidays or weekend days (granted leave days). A senior executive on any other form of leave does not qualify for the granted leave days.
14. Where a senior executive is on approved recreation or long service leave on any of the granted leave days, the senior executive’s relevant leave balance is to be adjusted to reflect the granted leave days instead of the recreation or long service leave.
15. A chief executive may, in exceptional circumstances, determine that an individual senior executive does not qualify for the granted leave days. Where a chief executive makes such a determination, the senior executive must apply for leave if they are not otherwise required for work.

14. Transitional provisions

14. Section 296 of the Act sets out the transitional arrangements for existing public service officers.

Schedule calculations

Figures in the following tables are calculated as:

1. Per annum = 26.0892857142 fortnights (F/N)
2. Remuneration package = salary + executive vehicle allowance
3. Superannuation = 12.75% of remuneration package + leave loading
4. Total fixed remuneration = remuneration package + leave loading + superannuation