Understand changes to the public service employment framework

What's new?

Temporary employment will now be referred to as fixed term temporary employment.

Casual and fixed term temporary employees will now be able to request conversion to permanent employment after each year of continuous employment in an agency. This employment period may include a combination of both fixed term temporary and casual employment. The decision is not appealable.

Conversion may occur where:

• there is a continuing need for the employee in the role or in a role that is substantially the same
• the merit principle is met
• it is viable and appropriate to convert, having regard to the genuine operational requirements of the agency.

This does not apply to non-industrial instrument employees. The directive does not override more beneficial conversion conditions in an industrial instrument.

For casual employees, agencies will now be required to review employment for conversion after two years of continuous employment and annually while the employment continues. This aligns with the current temporary employment conversion approach.

Transitional provisions – fixed term temporary staff

The amended legislation also has some transitional provisions for fixed term temporary and casual employees, which have been included to help provide a smooth transition to the new requirements.

Under these transitional provisions, there are seven categories that a fixed term temporary who was continuously employed by a department may fall into as at 14 September 2020:

1. An employee who has less than one year of continuous employment
2. An employee who has at least one year but not more than two years of continuous employment
3. An employee who has at least one year but not more than two years of continuous employment but the employee does not ask for a decision under section 293 of the PS Act and instead asks for a decision under section 294A
4. An employee who has two or more years of continuous employment
5. An employee who has two or more years of continuous employment and was entitled to a decision under the Act before it was amended
6. An employee who has two or more years of continuous employment and a deemed decision not to convert had been made under the Act before it was amended
7. An employee who has two or more years of continuous employment and had appealed a decision under the Act before it was amended

Find out more about these scenarios (PDF, 475 KB)

What's new?

An employee who has been performing duties in a role at a higher classification will be able to request permanent appointment to the role

• after performing the role for one year, and then annually, and
• if the role becomes vacant after 1 year but not at an annual review.

Appointment to the role must be viable and appropriate having regard to genuine operational requirements of the agency.

There is no appeal for a one year request, but a decision can be appealed if no appointment is made after two years.

A decision on a review request must be made within 28 days–otherwise it is taken to be refused.

What's new?

Agencies are still required to provide a process for making employee complaints. These will now be referred to as individual employee grievances.

What's new?

An employee will now be able to ask the PSC to review a current work performance matter, in relation to an investigation, discipline or suspension. Find out more.

What's new?

The PS Act now includes seven positive performance management principles.

These principles are to be applied before taking disciplinary action for performance, and conduct must be sufficiently serious to progress to discipline.

The directives will set out the expectations for agencies to implement positive performance management principles in practice, procedures for investigations and use of external investigators, and processes for reviews by the Commission Chief Executive, PSC.

What's new?

Vacancies more than six months must be advertised.