The Public Sector Bill currently before Parliament has the potential to erode public servants current rights and safeguards.

Promotional Appeals

It is a fundamental public service principle that all selection decisions are based on a proper assessment of merit.

20 years ago, the government of the day removed the rights of public servants to appeal against an unsuccessful job application on the grounds that they could demonstrate greater merit for the position than the person nominated. Instead, appeals now are only on the basis of a flawed process.

In negotiations back then between government and PSA, government offered that there could be a PSA representative on selection panels. It then became established that if employees in an agency or work site requested it, there would be a staff elected employee representative on the selection panel.

This was a measure to ensure correct process. The other was the ability to appeal to an independent Promotion Appeals Tribunal including an independent President and a PSA nominee. This Bill now proposes abolition of the Tribunal and the right of appeal. Many work sites no longer have staff elected employee representatives on selection panels.

An important principle of the public service is that there should not be nepotism nor patronage.

Now the government is proposing to remove these safeguards which were in place to prevent that.

Grievance Appeals

Public servants are not to be subjected to arbitrary or capricious decisions. Currently public servants have the right of appeal, again to an independent 3 person tribunal, including a person nominated by the PSA.

The government proposes to abolish this grievance tribunal and the rights to a independent review.

Classification Appeals

The Bill, if passed, will also remove the Remuneration Review Tribunal. Currently under the PSM Act, an employee can seek a reclassification and if dissatisfied with the outcome, apply for an independent review, by a 3 person panel, which includes a PSA nominee.

The Bill will thus remove the current provisions for public servants to have an independent review of selection processes, administrative decisions affecting them and their classification levels.

Dismissals

Currently under the PSM Act public servants can only be dismissed by the Governor. The Bill allows for individual Chief Executives to be given that power. The PSA is seeking that only the Commissioner of Public Employment should have the power to dismiss, based on the recommendation of a Chief Executive.

Unfair dismissals issues can be referred to the Industrial Commission, but having an extra person, such as the Commissioner for Public employment involved, will ensure greater safeguard before such a decision is made.

The authority of the Office of the Commissioner for Public Employment has been eroded over the past 5 years and the staff reduced to a minimal level, so that independent and specialist advice is no longer available to Executives, Managers and HR Personnel.

If the independent review panels are abolished, this will remove an essential check on unsafe, unfair, unreasonable and wrong decisions.

Lack of Consultation

The government is attempting to remove these safeguards through legislation and not through a consultative process or an Enterprise Bargaining process as should occur and not be imposed by an Act of Parliament.

The PSA's written concerns to government are here.

The Liberal Opposition and the independent MP Chris Hanna, agreed with PSA's concerns and moved many amendments in the Lower House, which were defeated. The Bill thus passed the Lower House.

Upper House Debate

It is now to be debated in the Legislative Council, the Upper House and if similar amendments are proposed and supported by the Independent Parties, the Greens, Democrats or Family First, these safeguards will not be removed.

The PSA is still having discussions with the government.

The PSA has been actively involved in discussions with Members of Parliament, advising of the negative ramifications and giving examples of where the current grievance and appeals processes have prevented injustices.

Members who have knowledge of such situations should advise the PSA and could contact a non-government Upper House MP.

The Bill is set to be debated in the Legislative Council on 24^th, 25^th and 26^th March 2009.

A PSA Industrial Officer is available on request to visit your work site to discuss PSA's concerns about the Bill.

For further enquiries contact Acting Assistant Chief Industrial Officer Ian D Peak on ian@cpsu.asn.au or phone 8205 3294.