The temporary employment provisions (Part 2.4 ss27 to 31), the temporary staff transfer provision (s86), the temporary assignment provision (s88) and the cross agency employment provision (s100) of the Public Sector Employment and Management Act 2002 (the Act) are to commence on 15 December 2003. These provisions and those for casual employment required guidelines to be developed.

There is to be a transitional period of 4 months prior to the commencement of the casual employment provisions (Part 2.6, ss38 to 39), on 12 April 2004.

Commentary and Guidelines on temporary and casual employment, and staff mobility and cross-agency employment have now been developed in negotiation with unions and agencies. The commentary and guidelines will be available to examine in html and PDF versions on the Premier's Department website in the Publications Section under Employment Conditions and Policies from 17 November 2003.

The documents developed for temporary and casual employment are general commentary on temporary employment and two appendices:

• Guidelines on the re-employment of departmental temporary employees; and
• Guidelines on the employment of casual employees.

These provisions apply only to Public Service Departments.

The documents developed for staff mobility and cross-agency employment are general commentary on staff mobility and three appendices:

• Guidelines on the procedure for obtaining employee's consent and the circumstances for a temporary staff transfer to a different location in the State;
• Guidelines for the temporary assignment of public sector staff to other agencies; and
• Guidelines for the conditions of employment for cross-agency employment arrangements.

These provisions apply to the public sector and in some cases will also apply to State Owned Corporations.
A summary document outlining the main features and areas of change for temporary and casual employment and staff mobility and cross-agency employment is attached to this circular. It is important for Departments to note the commentary on transitional arrangements for temporary employees, in particular those arrangements for existing departmental temporary employees engaged under section 38 of the Public Sector Management Act 1988.

The Public Employment Office will be presenting four half-day briefing sessions on the new provisions. The sessions will be held on 8 and 9 December 2003 in the State Reception Room, Level 41, Governor Macquarie Tower, 1 Farrer Place, Sydney.

An invitation is extended to employees of public sector agencies to attend the briefing sessions.

The sessions will commence with the presentation and discussions on staff mobility and cross-agency employment. This part of the programme affects all the public sector, and will impact upon State Owned Corporations in some areas. It is estimated that this part of the programme will take about one hour, allowing those representatives from public sector agencies affected only by staff mobility and cross-agency employment to leave if they desire prior to the presentation and discussions on temporary and casual employment.

The second half of the programme affects Departments in the Public Service, although the nominated representatives from public sector agencies are welcome to remain.

Because of space limitation (maximum of 80 people per session), only two appropriate representatives per agencies may be nominated. Please note that each session is restricted to representatives of those agencies as listed in Attachment 1.

During the 4 month transitional period prior to the commencement of the casual employment provisions, Departments should review any current casual employment arrangements, to consider the appropriateness of the arrangements including whether the limited circumstances for casual employment in s38 of the Act, apply to the work. The review may indicate that it is more appropriate for some of the current casual work to be performed by other categories of employment. The issues to be considered in a review will be elaborated on at the briefing sessions including a case study.

I am aware public sector agencies may have specific questions about the remaining provisions of the Act. The briefing sessions on the provisions and the commentary and guidelines will address commonly asked questions raised in advance by agencies. If you have any questions you may submit them by email to [email protected]

You may nominate to attend the briefing sessions and submit any questions by completing the attached form and returning by facsimile to Andrew Segelov on facsimile number 8243 9489. Alternatively you may submit nominations for the briefings by email to [email protected]

All nominations and questions are to be submitted by 1 December 2003. Any enquiries regarding the briefing session should be directed to Andrew Segelov on telephone number 9228 3532.

C Gellatly
Director-General

Issued : Employee Relations and Workforce Planning
Services (Public Employment Office)
Contact: Cathy McInnes, Senior Industrial Officer
EMail: [email protected]
Telephone no: 9228 3598 Facsimile: 9228 3102
File no: PSM/03745
Date: 10 November 2003
This Circular has not superseded any other Memorandum/Circular

_________________________________________

not current