INTRODUCTION

The PSA has been involved in negotiations with the Commissioner for Public Employment over recent months both in relation to the establishment of the Office of Public Employment and the change in delegations. These were recommended in the Review of the Office of the Commissioner for Public Employment and endorsed by the Government.

OFFICE OF PUBLIC EMPLOYMENT

The new Office of Public Employment will become operational from the 1st July 2005.

DELEGATIONS

From 29th April 2005 the Commissioner for Public Employment has delegated some of his authority to Chief Executives.  This also required the cancellation of several PSM Act Determinations and the implementation of Commissioner's Standards. 

Commissioner's Standards support the effective implementation of public sector workforce policies and personnel management standards of the Public Sector Management Act 1995 (PSM Act), and the protection of key conditions of employment.  The standards include relevant delegations, directions and determinations of the Commissioner under the PSM Act.

The exercise of delegations by Chief Executives must be conducted in a manner consistent with Part 2 of the PSM Act and must not be used to reduce existing entitlements or terms and conditions of employment. 

The change in delegations does NOT change employment standards in the public sector.

CONSULTATION

Chief Executives have been reminded that they are required to consult with employees and PSA before making decisions or taking action that may impact on a significant number of employees of an agency.

EXTERNAL ADVERTISING OF POSITIONS

The PSA was concerned with proposals from the Office of Commissioner for Public Employment review that all positions in the public sector continuing for over 12 months should be advertised externally.  After some discussion Government announced that the proposal would apply to ASO 6 and equivalent level positions and above only.

Merit based selection processes apply.  Therefore, existing public sector workers will have an advantage over those people without public sector experience.  Whilst some members have expressed concern that this initiative will reduce career opportunities for public sector workers, it does move away from the notion of a closed public sector with no employment growth.

APPOINTMENT WITHOUT A SELECTION PROCESS

Chief Executives now have the delegation (this delegation must remain with the Chief Executive) to appoint in special circumstances without a merit based selection process.  There will be close monitoring of appointments to ensure this delegation is used as intended and it occurs only in special circumstances.

MONITORING OF DELEGATIONS

The PSA was concerned to ensure that there was appropriate monitoring by the CPE of the use of these new delegations. The CPE has agreed to involve the PSA in a review process about how the delegations are working in practice. This process could be incorporated in the CPE's statutory monitoring and reporting responsibilities.

The Commissioner of Public Employment has indicated, in writing to the PSA, that if there is inappropriate use of CPE delegations by Chief Executives, then those delegations will be removed from the Chief Executive.

If you require further information or have any questions please contact Ian Peak on ian@cpsu.asn.au