Internal Establishment Management processes

Heads of Agencies are to have well documented Internal Establishment Management processes that address:

the management approval process for changes in agency establishment and organisational structures including the requirement for, classification of, and funding of positions;
the allocation of working arrangements and hours of work with particular consideration of flexible work arrangements and redeployment opportunities within that agency; and notification and internal review;
the process for determining whether an employee is to be an “Identified employee” and/or recommended for redeployment in accordance with the provisions of the case management support and training and development for Identified employees; and
the process for considering “Identified employees” within their agency for assignment of duties to vacancies in their agency in accordance with the principles applicable for suitability assessment.

Employees should be consulted on change to staffing and establishment that is likely to affect them. The extent of any consultation process should be based on the materiality or impact of the change and the number of employees likely to be impacted by the change.

The Internal Establishment Management process is to be readily available to employees.

Identified employees

An “Identified employee” is a person appointed as a permanent employee as referred to in section 37(3)(a) of the State Service Act 2000 (the Act) who has been formally advised in writing that:

they will no longer be required to undertake the duties to which they have been assigned as from a specified date and the reason for the decision is a result of the position being Identified for abolition due to the function no longer being required or the duties no longer being required to be assigned to that position; or
it is likely that this will occur by a specified date.

A Head of Agency must consider any special circumstances that exist in the following categories before identifying an employee who:

has been granted a period of leave without pay or is undertaking an assignment of duties, fixed term transfer, higher duties or secondment and the employee is not returning to the duties to which they were assigned prior to commencing leave or the arrangement; or
is unable to undertake their assigned duties due to reasons of illness, injury, workers compensation, inability, code of conduct sanction, poor performance, grievance or other industrial matter; or
does not have assigned duties for any other reason.

Case Management

As soon as an employee is advised that they are an “Identified employee” they are to be allocated a suitably trained Case Manager by their agency. Case Managers are responsible for:

maintaining regular contact with the employee;

assisting the employee in identifying the duties that would be suitable to their skill set or transferrable skills, identifying redeployment considerations such as work location, working arrangements etc;
identifying if the employee has any multiple employment in the State Service;
providing the employee with information regarding the MPSS process;
attending suitability assessments, if requested by the employee, and advising and discussing suitability assessment outcomes;
liaising with the employee to identify any reasonable and appropriate training and support that may beneficial in assisting the employee to be assigned or transferred to other duties and ensuring that the employee has a current resume that sufficiently reflects their knowledge, skills, experience and qualifications; and
liaising with employee’s originating, manager relevant staff to identify meaningful duties which can be assigned to the employee.

Meaningful work

Until an “Identified employee” is reallocated funded duties the employee’s agency is responsible for providing the employee with “meaningful work”.

“Meaningful work” means the assignment of alternative unfunded duties for a specified period. The duties are to be commensurate with the employee’s skill set and/or transferrable skills or will provide an opportunity for the employee to further develop their skills.

In providing employees with “meaningful work” the duties are to be assigned in accordance with Section 34(1) of the Act for a specified period.

Assignment of Duties

Where an “Identified employee” is assessed as suitable for duties in their agency, the Head of Agency is to vary that employee’s duties in writing in accordance with the provisions of Section 34 (1)(e) of the Act.

If an employee indicates that they do not agree to being assigned duties, the employee is to advise their Case Manager the reasons for this decision. The Head of Agency (or delegate) is to consider the reasons provided by the employee and determine whether the employee will continue to be assigned to undertake the duties.

Employees may agree to being assigned duties at a lower classification level as provided by Section 38(2)(a) of the Act and subject to the salary maintenance provisions specified by MPSS.

Salary Maintenance

If an “Identified employee” agrees to being assigned to duties at a lower or different classification level, which will result in the employee receiving a reduced award salary, the employee must provide their consent in writing in accordance with Section 38(2)(a) of the Act. The employee’s salary must also be maintained at their existing award salary for a period of 12 months from the date of the assignment or transfer.

Where that “Identified employee” was in receipt of regular allowances, and has agreed to being reassigned to a position where those regular allowances no longer apply, should we pay a salary maintenance allowance for loss of regular allowances for a 12 month period.

Where that “Identified employee” was a shift worker, and has agreed to being assigned to a day work position, salary maintenance allowance for loss of penalties is to be paid for the 12 months.