Fixed term temporary employment (Directive 09/20)

Status:
Superseded
Effective:
25 September 2020–1 March 2023
Responsible agency:
Public Service Commission
Supersedes:
08/17
Superseded by:
02/23

Summary

The Public Service Act 2008 (PS Act) establishes employment on tenure as the default basis of employment in the Queensland public service, excluding non-industrial instrument employees, and sets out the circumstances where employment on tenure is not viable or appropriate. The PS Act also sets out the matters a chief executive must consider when deciding whether to offer to convert the employment of a fixed term temporary employee to employment as a general employee on tenure or a public service officer.

The legislation indicates where employment on tenure may not be appropriate.

This directive:

  1. sets out requirements relating to performance management when a fixed term temporary employee is engaged
  2. highlights sections in the PS Act dealing with the employment and conversion of fixed term temporary employees
  3. sets out procedures for reviews and requirements for decisions.

This directive has been updated to support the Review of public sector employment laws. The review was commissioned by the government to ensure Queenslanders have the most responsive, consistent and reliable public service possible.

What has changed in this directive?

What’s new? Previous directive
Changes terminology for temporary employment to fixed-term temporary employment. Terminology is temporary employee.
Employee can request a conversion review for fixed-term temporary employment after every 12 months of continuous employment in the same agency. This is not appealable. Minimum two years continuous employment in the same or substantially the same role for eligibility for a conversion review for temporary employment.
Eligibility for review no longer requires the continuous employment to have been in the same or substantially the same role.  Decision making criteria was only provided for in the directive 08/17 and not in the Public Service Act 2008.
The framework for conversion review and conversion conditions are now set out in the Public Service Act 2008, as is the definition of continuous employment. Periods of casual service were unable to be counted towards periods of continuous eligible service. Directive 08/17 did not provide for allowance of breaks in service in one year periods.
Expands the definition of continuous employment to allow for periods of casual service and breaks in service of up to six weeks in a one-year period for a one year review, and up to twelve weeks in the two year period prior to the two year review. N/A
New appeal right in relation to the hours of work offered on conversion to permanent employment. N/A

Download the directive

Fixed term temporary employment (Directive 09/20) (PDF File, 5.0 MB)