As you are aware on 17 August 1995, the NSW Government, the Public Service Association and the NSW Public Service Professional Officers' ,Association entered into a consent award which provided for increases in rates of pay for NSW public sector employees. Attached to the award are a series of documents known as the Framework. The Framework commits the parties to investigating a variety of issues and moving towards significant reforms. To date most organisations are making progress in implementing parts of the Framework.

In order that there is a common understanding of issues arising out of the Framework the Public Employment Office has prepared a document entitled "Commonly Asked Questions and Answers". Copies for distribution throughout your organisation are enclosed.

Any enquiries concerning issues contained in the document should be directed to Ms Wendy Barrett on telephone number 228 3568 or Mr Andrew Dungan on telephone number 228 3564.

Yours sincerely

KEN CRIPPS
Commissioner

Commonly asked Questions and Answers

Framework Documents

Grown Employees (Public Sector Salaries 1995) Award

A: Flexible Work Arrangements

Q: How does this section of the Framework relate to the previous policy on flexible work arrangements and initiatives undertaken under it?

A: The Framework provides an opportunity for the previous policy to be revised and extended in consultation with the Public Service Association and the Professional Officers' Association (the Associations). Organisations should continue to review and implement initiatives.

Q: Will organisations that have already carried out a survey of flexible work arrangements be required to repeat the exercise?

A: This should be discussed with the Associations, but in general there should be no necessity to carry out another survey if the most recent survey was carried out within the past 12 months and covers the areas identified in the Framework.

Q: If an employee requests a flexible work arrangement such as a change in working hours or part-time work, is the organisation obliged to grant the request?

A: A request should be granted unless it is impractical for the organisation to do so. Each case must be assessed on its merits.

Q: What sorts of factors would indicate that it is impractical to grant a request?

A: Each request should be dealt with on its merits and, wherever possible, reasonable accommodation made to ensure that the request is granted.. If however the financial impact of granting a request is too high or if disruption to customer services would be too great then it may be impractical to grant the request.

Q: At what level in organisations would decisions be made on whether to grant employees' requests for flexible work arrangements?

A: Ideally, decisions of this nature should be made at the lowest possible level in the organisation, if possible between the employee and his or her direct supervisor. There may be circumstances when advice may need to be sought from other areas of the organisation. For example, it may be necessary to check that the arrangement being sought is not contrary to legal requirements or the terms of an industrial instrument.

Q: Where a request is refused, what means of redress is open to the employee?

A: Such matters should be handled through normal organisational grievance procedures. Employees may seek advice from their Association.

Where a request has been declined, the employee will need to be given adequate reasons for the decision to refuse the request.

B: Pay Equity

Q: What are the implications of the Framework for mobility and equity in public sector employment?

A: The Framework contains provisions that are related to the achievement of equal remuneration for work of equal value and more equitable access to career structures and levels of work (Pay Equity), and implementation of an approach to classification and grading of positions that will facilitate mobility between classifications and organisations (Classification and Grading). There is an understanding between the parties that is implicit in the Framework that issues of equity and mobility are of importance.

C: Classification and Grading

Q: Will there be scope for grading of positions to be carried out centrally, rather than at the organisation level?

A: The aim of the process is to develop a classification system that will assist in the simplification of the grading process. As a result, organisations should be able to carry out grading of positions in-house at minimal cost to the organisation.

Q. Is there a future for organisation-specific classifications structures?

The Framework is focussed on developing a simpler, more flexible classification structure on a sector-wide basis. It also provides for the 
development of organisation-specific classifications where there is an identified special need in the organisation. Each case will have to be 
assessed on its merits. Organisations will need to establish what advantages would flow from the adoption of organisation-specific classifications as opposed to remaining within sector-wide arrangements.

Q. Will there be any changes in the job evaluation process that is currently in place?

A: Part C of the Framework includes an undertaking to review existing classification arrangements. This will include a review of job evaluation 
(including whole of job, point/grade systems and others). Part of that review may well include the development of common points to grades tables.

Q. Should organisations continue with job evaluation?

A: Organisations should continue to implement accredited job evaluation systems ie Hay, CED or OCR.

D: Competency Based Training

Q: How does the implementation of Competency Based Training (CBT) under the Framework fit with what is happening at a national level?

A: It is intended that the process under the Framework will 'be fully coordinated with the national vocational education and training reform agenda. As a result the first task in the implementation process will be to assess national standards to ensure that they meet the needs of the NSW public sector.

Q: Will the introduction of CBT mean that employees will receive additional pay as they acquire additional skills?

A: The relationship between competency based standards and training and classification and grading are to be explored by the parties on a sector-wide basis.

Q: How will CBT contribute to equity and mobility in the public sector?

A: The introduction of CBT will involve setting up ways of assessing and recognising prior learning, whether formal or informal. This should provide more equitable access to positions, particularly for those who have had limited formal education or training.

E: Trade Union Activities and Employee Consultation

Q. Does Trade Union Training Authority (TUTA) leave apply to training courses run by my union?

A. TUTA leave applies as long as the course is an accredited course and is conducted by trainers accredited by TUTA.

Q. As an accredited union delegate am I entitled to a day off in lieu if, for example, a union executive meeting falls on my rostered day off?.

A. Time off in lieu does not apply but, if the employer agrees, rosters may be re-arranged to assist the employee.

F: Conditions of Employment

Q. What was intended by the inclusion of the Conditions of Employment item in the Framework?

A. One of the principal aims is to establish a simplified and common set of conditions that can be applied broadly. As a result, employees will be able to be better informed as to their conditions, and mechanisms will be in place to protect these conditions. This, in turn, will facilitate the implementation of enterprise arrangements as agreed through enterprise bargaining at the organisation level.

Q. Can special leave be granted for attendance at a family member's graduation ceremony?

A. Special leave is not appropriate but available family and community service leave may be taken for the ceremony. Where travel to another
centre is involved, time spent travelling must be taken as a charge against available flex-time, recreation leave, extended leave or as leave without pay.

Q. Is an employee who is on maternity leave entitled to another period of maternity leave in respect of a subsequent pregnancy if she has not
resumed duty?

A. Yes, but any untaken maternity leave from the original period lapses as soon as the employee becomes entitled to the subsequent period of
maternity leave.

Q. Does travelling compensation apply to overtime required to be worked on a weekend?

A. It does not apply if the overtime is to be worked at the normal place of employment. It may apply ff the overtime is worked at a place other
than the normal place of employment.

Q. Does application for promotion constitute a transfer at own request for the purposes of the Crown Employees (Transferred Officers Compensation) Award?

A. Any transfer resulting from competitive selection does not constitute a transfer at own request.

G: Assisting Displaced Employees

This issue is the subject of consultation and discussion between the parties.

H: Extended Hours of Service

Q: Why is it necessary to have extended hours of service?

A: The NSW Government is committed to ensuring that the community has access to Government services at a time convenient to working people who cannot readily access services during normal business hours. This may mean offering services on a weeknight or weekends or both, depending on customer and client needs.

Q: What happened to the negotiations on extended hours under the previous Government?

A: Whilst there was broad agreement on the contents of a possible framework for implementation at the enterprise level, negotiations between the Government and the Associations lapsed.

Q: How will the issue be progressed?

A: The previous draft document will form the basis of fresh negotiations with the view to producing an agreed framework for implementation of extended hours at the local level. The framework is expected to cover the general conditions to apply to staff who are required to work extended hours. The framework should be sufficiently flexible for organisations to adopt a range of options consistent with enterprise bargaining at the organisation level.

Q: Will there be an erosion of existing conditions of employment?

A: There will be no loss of conditions of employment as a result of the implementation of extended hours. Where employees are required to work
additional hours, existing provisions will apply e.g. overtime, shift penalties, etc. Where new conditions are introduced, such as changes to the spread of ordinary hours, appropriate forms of compensation will need to be negotiated.

I: Customer and Client Service

Q: How will possible improvements be identified?

A: Appropriate organisations will be identified by the parties and assessed to

identify improvements in customer and client service delivery. The implementation of organisation level improvements must be agreed by the
parties.

Q: Are there any specific issues or principles involved?

A: In developing any initiative, there will be an emphasis on introducing quality systems and achieving outcomes. Complaints handling is a possible area for examination.

J: Performance and Conduct

Q: What will be the impact of the various tasks upon the discipline provisions in the Public Sector Management Act and its Regulation?

A: The first 2 tasks do not relate to the legislative provisions. The emphasis is on developing guidelines that will assist managers and staff to identify the causes of unsatisfactory performance and take appropriate action to improve the performance without the need to use disciplinary action.

Q: How does Performance and Conduct relate to the issue of Performance and Management?

A: There is overlap between performance management and performance and conduct. The review of the performance management guidelines will cover the need to identify when performance is not satisfactory and to take appropriate action to improve the performance. There will also be a review of all instruments and guidelines relating to misconduct.

An effective performance management system involves the recognition of good performance and taking action where performance is not
satisfactory. It is expected that these will continue to be requirements of an organisation's performance management system.

Q: What is the work being undertaken by WorkCover in relation to drugs and alcohol in the workplace?

A: Guidelines are to be published shortly on how to set up a workplace drug 
and alcohol policy.

K: Performance Management

Q: How will this process affect organisations' existing performance management systems?

A: It is intended that the new guidelines will enhance existing provisions. It may be necessary for some organisations to make adjustments to their systems to ensure that they continue to meet the Guidelines. It should be noted that the current Guidelines require organisations to monitor the operation of their systems and to ensure that they operate as they are intended to.

It is intended that enhancements will include exploring the links between performance management and;

* total quality management;

* workplace consultative mechanisms;

* staff training improvements;

* performance and conduct guidelines;

* benchmarking; and

* customer service improvement.

Q: Will this process result in the introduction of performance based pay?

A: There is no intention, at this stage, to investigate performance pay.

Q: The current guidelines are focussed on individual performance. Will there be scope for assessing team performance?

A: The guidelines are intended to cover all aspects of performance. Assessment of team performance is one of the issues that may be developed as part of the review process under the Framework.

L: Enterprise Bargaining at the Organisation Level

Q: What is the specific role and responsibility of organisations under the Framework ?

A: The section of the Framework entitled "Enterprise Bargaining at the Organisation Level" deals with this issue. Organisations were required to
submit an implementation plan for enterprise bargaining in their organisation to the Public Employment Office (PEO) by 10 November 1995.
As at 20 November 1995 the PEO had received responses from the majority of organisations. At least two of the eight issues identified in section L of the Framework will be required to be addressed over the lifetime of the award together with the two essential items.

In addition, some organisations will be asked to participate in focus groups, be involved in other consultative processes or asked to comment on specific proposals coming out of the Framework process.

Q: Does the Framework cover organisations that already have an Enterprise Agreement?

A: Where an organisation has an Enterprise Agreement in place, that agreement will not be overridden by the Framework. The only exception will
be in relation to some rates of pay. If the underlying award rate of pay is increased to a level greater than that in the enterprise agreement, then the organisation will need to pay at the award rate.

However, it should be noted that the Framework does not preclude organisations from developing appropriate enterprise arrangements beyond 
the terms and conditions continued in current enterprise agreements. Further, the parties at the organisation level may, by consent, develop new 
enterprise arrangements to replace an Enterprise Agreement, particularly if the agreement is nearing the end of its nominal term.

The requirements of Enterprise Bargaining at the Organisation Level will need to be met.

Q: Should negotiations on Enterprise Agreements continue?

A: Any decision as to whether or not to continue with negotiating an Enterprise Agreement will need to be agreed by the parties at the organisation level. The focus should be on the parties achieving agreed outcomes at the organisation level, not necessarily an Enterprise Agreement.

Q: Can organisations choose to negotiate directly with employees or with a works committee?

A: The Framework is based on a consent award entered into by the PEO on behalf of public sector employers and the Associations on behalf of
employees. In relation to enterprise bargaining at the organisation level under the Framework, there is an obligation for organisations to negotiate
with the Associations and for the Associations to negotiate with organisations.

Q: Does the reduction in use of consultants also apply to contractors?

A: The policy is aimed at encouraging organisations to place greater reliance on the expertise of professional public servants. Therefore, what is important is not whether the source of expertise is a "consultant" or a "contractor", but whether the expertise has come from within the existing resources of the organisation or has been purchased from outside. Where expertise is "bought in" organisations should be able to justify any additional expenditure involved.

M: Framework Implementation

Q: What is being done to inform organisations about their obligations under the Framework document and the importance of meeting the tight
deadlines?

A: Associations

The Associations axe developing modules to be included in the training of delegates. In addition, there will be communication and consultation with the membership through a variety of initiatives.

PEO

The PEO has put in place broad consultative arrangements. Consultation will be conducted with selected organisation representatives
in specialist focus groups. In addition, there will be consultation with and involvement of union representatives at all stages of the process.
Feedback from organisations will also be invited as specific proposals are developed. If necessary, further briefing sessions will be held.

Q: Is the second 3% contingent upon demonstration of progress?

A: No. Because the Framework is an agreed document, there is commitment by all parties to ensure that it works. There are benefits that will accrue to the parties through progress being made towards implementation of the initiatives in the Framework.

Q: When we report to you, at sector-wide level, do we need agreement with the Associations?

A: Matters within the Framework that need to be reported to the PEO are identified in the Framework documents.

The Framework is a joint initiative between the PEO and the Associations. There is a requirement for consultation with the Associations at all stages.

At the organisation level, agreement between the parties is essential. The PEO and the Associations can assist in resolving any organisation disputes arising from the Framework process. It will also be possible for matters to be referred to the NSW Industrial Relations Commission for resolution, where appropriate.

Q: What is the significance of the dates?

A: The parties believe that the inclusion of target dates will ensure that the process remains focussed and that it achieves its objectives.

Q. What is meant by economic considerations?

A: In order to establish how the economy had moved since the last increase, a number of factors were taken into account. These included an estimate of changes in the cost of living as demonstrated by changes to the consumer price index (CPI) and movements in average weekly ordinary time earnings of wage and salary earners (AWOTE).