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CERTIFIED AGREEMENT 1998-2000 FINAL TEXT |
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CAREER AND EMPLOYMENT
HUMAN RESOURCES MANAGEMENT
2.1 The Department acknowledges its employees as its most fundamental and valued resource. This Agreement commits the Department to improving its approach to employee management.
2.2 The Department will, by 30 June 1998, develop and implement a Strategic Plan for People Management in consultation with employees. The Plan will set out the Department's commitment to, and its strategy for, staff management and development. It will be linked directly to DFAT's corporate goals, so that through Divisional and Branch business plans and individual performance agreements, all Departmental activity is focused on achieving those goals. The overriding objective of the Plan is to take advantage of the opportunities offered by the more autonomous APS employment framework to develop arrangements which best suit DFAT's needs and the interests of its employees, on the basis of trust and co-operation. The Plan will set goals and measurements of success in order to evaluate the Department's progress in specific people management areas, including the achievement of equity and diversity objectives.
2.3 This Agreement outlines the guiding principles for all Departmental employment conditions and provides specific details of core employment conditions. There is a requirement also to provide information to employees and managers to facilitate the effective day-to-day operations of the Department. Accordingly, more detailed information on the Department's human resources policies and practices will be brought together in the Human Resources Manual.
2.4 The Manual will need to be sufficiently detailed to provide effective, practical guidance for employees and managers. The Manual will also need to be adapted as the Department continues its programme of simplifying and streamlining its administrative arrangements, removing unnecessary regulation, and further developing its agency specific procedures in response to the more devolved employment framework in the APS.
2.5 Development and adaptation of the Manual will be undertaken in full consultation with employees, including through regular reports to the Workplace Relations Committee, and in a manner consistent with the principles contained in this Agreement.
LEADERSHIP AND MANAGEMENT
2.6 A primary objective of this Agreement is the development of a Department in which performance is encouraged and recognised, including through appropriate rewards, and where employees are motivated to contribute to corporate goals. This requires leadership and high quality management throughout the Department and places an onus on managers to work at all times to strengthen their management and leadership skills. It is recognised that management and supervision are undertaken at a variety of levels in the Department in Australia and overseas. To that end all employees in supervisory positions will be required to undertake management training.
2.7 During the lifetime of this Agreement we will give priority to developing the Department's management, performance management and leadership skills. High quality leadership and management is central to the implementation of the performance management system described in paragraphs 2.22 - 2.23. In particular, greater attention will be paid to leadership and management skills in the recruitment and advancement of employees, particularly into the SES. In this context, the Secretary may invite high performing employees to participate in particular management and leadership development activities, with a view to enhancing the Department's corporate skills base.
ANTI DISCRIMINATION
2.8 Each of the parties will continue actively to promote and value the diversity of the workforce by working to prevent and eliminate discrimination in the Department of Foreign Affairs and Trade on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, consistent with paragraph 3 (j) of the Workplace Relations Act 1996. The conditions regarding the official recognition of de facto relationships for the purposes of conditions of service apply regardless of sexual preference.
2.9 Any dispute concerning these provisions and their operation will be addressed initially under the dispute resolution procedure set out in paragraphs 1.27-1.33 above. Nothing in these provisions allows any treatment that would otherwise be prohibited by anti discrimination provisions in applicable Commonwealth, State or Territory legislation. Nothing in these provisions prohibits, where an agreement is approved before 23 June 2000, the payment of junior rates of pay.
STAFFING STRUCTURES
2.10 The parties agree on the need for a staffing structure that better reflects the flexibility of DFAT employees and the frequent changes in our working environment. In particular, the parties agree on the need to provide this Department's highly mobile workforce with more strategic staffing and remuneration structures that will reward employees for their efforts and give them access to a greater range of placements in Australia and overseas.
2.11 To that end, the parties agree to the introduction from 1 July 1998 of a three-band staffing structure, based on the authorised eight-level APS classification structure, and comprising APS Level 1-4 in Broadband One, APS Level 5 - Executive Level 1 in Broadband Two, and Executive Level 2 in Broadband Three. All non-SES employees (except the Medical Adviser) covered by this Agreement will participate in the three-band staffing structure. The three-band SES structure will continue to apply to SES employees. The salary levels for the Medical Adviser are detailed in Annex 2.
2.12 The main features of the operation of the three-band non-SES staffing structure are outlined below, with details provided in Annex 2:
a. There are a number of pay points in each Broadband. These are included at Annex 2.b. Subject to (g) below, movement of employees within the Broadbands will be on the basis of annual performance appraisal under the DFAT Performance Management System described below. Employees rated as 'superior' will advance one pay point and those rated as `outstanding' two pay points. Employees rated `fully effective' for two successive performance appraisal cycles will advance to the next pay point. Jobs will be redesigned and performance agreements modified in line with relevant work level standards as employees move through a broadband.
c. Employees rated as 'fully effective' will receive an annual bonus equivalent to 2 percent of salary, except in cases where they are moving permanently to a higher pay point.
d. At the highest pay point in each Broadband, additional payments can be made on the basis of performance. Payments will be in the form of an annual bonus equivalent to a percentage of salary paid at the following rates: 'fully effective' (2 percent); 'superior' (8 percent); and 'outstanding' (13 percent).
e. Payments made under (c) and (d) above will be paid as annual bonuses and taxed at source. They will not be treated as salary for superannuation purposes.
f. Movement of employees between the Broadbands and to SES classifications will be on the basis of a formal selection process. The pay point to which employees will advance following such selection processes will be decided by the Secretary or his/her delegate, taking account of the requirements of the jobs to be filled. For example, employees moving from Broadband 1 to Broadband 2 would commonly be translated to pay point 4 in Broadband 2. As a transitional measure, following the introduction of broadbanding, employees in Broadband 2, but below pay point 4, would be eligible for advancement to this pay point at the time of the next selection process, provided they are successful in that process.
g. Where a job within a broadband becomes available a manager may fill the job:
- with an employee at the same substantive pay point; or
- with an employee at a different pay point in that broadband with appropriate job redesign.
The DFAT Performance Management System and the provisions in (c), (d) and (e) also apply to the Medical Adviser.
2.13 From 1 July 1998 employees will have access to advancement from one pay point to the next on the basis of performance assessments conducted under the Department's Performance Management System. Budgets will be supplemented to take account of increased costs in implementing this new structure. A report on the outcome of the process will be made available at the end of each annual performance cycle for the information of employees and to assist in Departmental planning and in evaluation of the Performance Management System.
Review
2.14 In instituting this new staffing structure, the parties to this Agreement recognise the potential benefits that will flow to the Department and employees. At the same time, it is recognised that the new structure represents a significant change to our operating environment. It is therefore agreed that the effectiveness of the new structure will be reviewed, in consultation with employees including through the Workplace Relations Committee, following the completion of the second appraisal cycle (that is after July 1999).
Transitional Arrangements
2.15 The parties agree to undertake the necessary processes to make the transition and implement the DFAT broadband structure on 1 July 1998.
2.16 The authorised eight-level APS structure will be introduced from the date of certification of this Agreement, based on existing salary levels at that time.
2.17 By 31 March 1998, DFAT work level standards will be developed for each work level in the broadband structure. The work level standards will be developed in consultation with employees, based on existing APS classification work level standards, national competency standards, and DFAT specific skill requirements. During these consultations employees will be able to request representation.
2.18 An employee due a salary increment between 1 July 1997 and 30 June 1998 will have the increment paid on the date it is due subject to the outcome of the existing assessment of diligence, efficiency and attendance.
2.19 On 1 July 1998, employees will transfer at their 30 June 1998 salary level to a pay point in the broadband structure. For employees whose 30 June 1998 salary level is the equivalent of a pay point, their salaries will not change. If the 30 June 1998 salary is between pay points, the transfer will be to the nearest upwards pay point. The pay points will be adjusted to include any increases in lieu of overtime and incorporate the Senior Officer Expense Allowance into salary. Any salary increases provided for elsewhere in this Agreement will be made on the new pay points. The agreement will override Section 29A(3) of the Public Service Act 1922 in that employees will remain attached to an office when it is reclassified, both on translation and on advancement within broadbands.
2.20 Until 30 June 1998, an employee being paid Higher Duties Allowance will continue to be paid the allowance until the completion of the approved period of higher duties provided the need to have those duties performed continues.
2.21 Where, on 1 July 1998, an employee had been on higher duties for more than twelve months at a salary level within his/her broadband, the employee will continue to receive salary at the higher level subject to a "satisfactory" performance appraisal in the first performance appraisal cycle. If the appraisal rating is below "satisfactory", the payment of higher duties allowance will cease following confirmation of that rating and the employee will revert to his/her substantive paypoint. Where an employee has been acting for more than twelve months at a higher level beyond the employee's substantive broadband, a selection process will be held before 30 June 1998. If successful, the employee will move to the relevant higher paypoint. If unsuccessful, he/she will be moved to the highest salary point within his/her substantive broadband. This paragraph does not apply to employees acting as Head of Mission/Head of Post who are receiving higher duties allowance. These employees will continue to receive higher duties allowance for the term of their current posting and will revert to their substantive salary point upon completion of their posting.
PERFORMANCE APPRAISAL
2.22 The parties agree to introduce an effective performance appraisal system to manage the movement of employees through the three-band staffing structure and which can also be used by employees in support of applications for promotion and transfer in Australia and overseas. The Department is committed to the introduction of a performance management system which is fair and conducted with integrity.
2.23 The DFAT Performance Management System will be established by 1 January 1998. The main features of the System will be as follows:
- Performance Management - which encompasses staff development, feedback and appraisal - should be an integral part of staff planning, deployment and advancement in DFAT;
- there will be a systematic program of training in Performance Management for supervisors and employees;
- all employees, irrespective of rank, will be required to strike a job performance agreement with their supervisor based on the work expected of the employee and taking into account relevant work level standards and the Department's corporate and human resource management objectives and the work unit business plan;
- regular and constructive feedback on performance will be provided (including at a mid-term review), so that employees have a clear idea of their progress as the year proceeds;
- upward appraisal will be a required input into the appraisal of a supervisor's performance;
- Division Heads will be responsible for ensuring consistent and fair individual ratings by supervisors in their Division (including Posts covered by their Division). To help ensure consistency of ratings across the Department, there will be central moderation of aggregate ratings;
- differences between supervisors and employees on assessments should be resolved at an early stage by regular, frank discussion, but where they cannot be resolved within the work unit, the internal review of employment actions provisions set out in paragraphs 2.34-2.37 will apply; and
- in addition to rating an employee's job performance, the annual appraisal report will include the supervisor's comments on the employee's suitability for posting and promotion, and the employee's agreed training and development needs. Appraisal reports will be made available to promotions and postings committees, noting where relevant if a rating is subject to review under paragraphs 2.34-2.37.
SELECTION AND PROMOTION PROCESSES
2.24 The Department is committed to good practice in its approach to recruitment, promotion, transfer and advancement. In filling vacancies, the Department will seek to balance operational requirements, the career aspirations and development needs of employees, and the need for employment to be open to competition from other APS employees and from other members of the Australian community.
2.25 The Department will seek to fill its vacancies initially by employees at level. Where that is not possible, the Department places emphasis on the following principles when seeking to fill vacancies:
- that merit remain the sole basis for selection;
- the Department will continue to follow the guidelines on the filling of vacancies as set down by the Public Service Act 1922 or its successor and other relevant advice received from the Public Service and Merit Protection Commission;
- there is a preference to fill vacancies through bulk round processes where appropriate;
- while it is recognised regular bulk rounds are desirable, they will be subject to there being available vacancies;
- that one-off selection processes are used to ensure the Department is staffed adequately with appropriately skilled employees in specialist areas following reasonable attempts to fill the position within the Department;
- that selection processes be conducted as quickly and cost effectively as possible without compromising the need for transparency and merit-based decisions;
- that, for bulk rounds, selection committees of at least three members will be established, all of whom will be of or above the level of the vacancies being advertised, and the chair will be at least one level above the vacancy. These committees will follow a process of short-listing applicants, and interviewing short-listed candidates, before making a final recommendation to the delegate; and
- all unsuccessful candidates will be entitled to seek and receive feedback on their applications.
2.26 The details of DFAT's selection and promotion processes are set out in the Department's Human Resources Manual.
TRAINING AND DEVELOPMENT
2.27 The parties recognise the importance of training and development as an investment in people. The Department is committed to providing all employees with focused learning and development opportunities directly relevant to the Department's corporate goals, and will provide specific resources for this purpose.
2.28 The training and development needs of employees will be addressed as part of the performance management process.
2.29 A training and development strategy is to be developed in consultation with employees and the Workplace Relations Committee. Priority will be given to:
- promoting the professional skills relevant to the Department's key objectives, including policy analysis, legal, economic, financial and human resource management, technology, trade, media, information technology and security skills;
- providing effective on-the-job training and work placements aimed at skills maintenance and development;
- enhanced leadership and management skills, including managing change and diversity in the workplace and the continued promotion and implementation of an Indigenous Recruitment and Career Development Strategy; and
- developing performance management skills, including performance agreement making, assessment and upward appraisal and providing the skills required to move through the staffing structure.
Existing Studybank provisions will be reviewed in the light of these priorities in the course of developing the strategy. In the meantime, current provisions will continue.
2.30 Further initiatives to be considered as part of the strategy will be the development of a skills audit program to assist workforce planning by identifying the skills and development needs of employees in order to better target training; the expansion of leadership and management courses to further staff levels to develop the full potential of employees who possess the drive, enthusiasm and commitment to be future leaders/managers; and the provision of training in coaching and mentoring to enhance individual and team performance and contribute to the career development of employees.
MANAGING UNDER-PERFORMANCE
2.31 In general, the employees of this Department have shown a high level of commitment and effectiveness over the years. There are occasions, however, when particular employees have not performed to the level required. It is important that this problem be addressed promptly, but in a manner which is equitable and transparent. The procedure for handling such cases is set out in Annex 3.
REDEPLOYMENT, RETIREMENT AND REDUNDANCY
2.32 The parties recognise that, for a variety of reasons, employees might, at some point, have to consider the options of redeployment, retirement or redundancy. The procedures for handling redeployment, retirement and redundancy for non-SES employees are described in Annex 4.
2.33 Retirement or redundancy represents a significant personal and financial transition. Non-SES employees who agree to retirement or redundancy will therefore be reimbursed the cost of seeking professional financial advice up to a limit of $300, within three months of separation from the Department.
INTERNAL REVIEW OF EMPLOYMENT ACTIONS
2.34 The parties agree that concerns arising from actions relating to employment should, wherever possible, be resolved through constructive dialogue between employees and supervisors in the workplace. Employees are expected to raise issues of concern with their supervisors as soon as they arise. Supervisors are expected to respond quickly and generally within two working days of an employee requesting that a matter be discussed.
2.35 Where the employee or supervisor does not consider the matter is moving towards resolution, they will discuss the matter with the senior manager of the work unit (generally the branch head or office/post manager). If the matter cannot be resolved there it will be referred to the First Assistant Secretary, CMD, who may appoint another manager to examine the matter. If the matter cannot be resolved at that point, it will be referred again to the First Assistant Secretary, CMD and, if necessary, a Deputy Secretary who is not responsible for Management. The final internal adjudicator on such matters will be the Secretary, through the Deputy Secretary responsible for Management. In normal circumstances the review process should be completed within three months. If the employee requests, the parties concerned will be advised in writing of the result of this process and the reasons for the result. At any stage throughout this process either party may seek the assistance of the Department's staff counsellor.
2.36 If an employee wishes to pursue a complaint which he/she has not sought to resolve through the above process, it is expected to be drawn to the attention of the First Assistant Secretary, CMD, within three months of the action.
2.37 Nothing in this provision prevents an employee taking action within the public service employment framework, including the Public Service Act 1922, while it remains in force.