PSUWA 2022 - Non-Agreement Matters

The PSUWA 2022 Agreement was registered in the Tasmanian Industrial Commission (TIC) on Friday 23^rd December 2022.  A summary of PSUWA detail in respect of Agreements, Awards and Non-Agreement Matters is now available for review.  Below is PSUWA related offers in respect of Non-Agreement Matters;

Change to Employment Direction No. 1

Fixed Term Conversion to Permanency

Amend ED1 and provide a mechanism to provide for change of employment status to permanent for fixed-term employees on meeting certain criteria and after 12 months continuous period of service in the same or similar duties in consecutive appointments.

Consecutive Appointments: where an employee has performed the same or a similar duties in more than one position, the total employment period is to be considered when calculating the continuous period of service.

Concurrent Appointments: where an employee has two or more part-time appointments, each arrangement is considered in isolation.

An eligible fixed-term employee for change of employment status is an employee who has completed at least 12 months continuous period of service;

• in the same or a similar role;
• under one or more fixed term instrument of appointment/s; and
• without a break in service;

Employment will be considered a continuous period of service even if it has been broken by a period of 4 weeks unless there was a legitimate reason why the duties the fixed-term employee was performing on one fixed-term instrument were no longer needed to be performed by anyone before the employee was engaged to perform them again on the next fixed-term instrument.

The criteria to be met for a change of employment status from fixed-term to permanent is:

• that the duties and hours are required on an ongoing basis
• the conduct and performance of the employee has been assessed as satisfactory and

At the discretion of the Head of the Agency, there is no other reasonable ground as to why the employment should not be the converted. (This may include that the duties are not substantively vacant or that the offer would not comply with merit principle in accordance with the State Service Act 2000 and Employment Direction 1.) Where the Head of Agency exercise this discretion they are to provide the employee with written reasons for their decision.

The same eligibility and criteria above applies for a fixed-term casual employee.

In addition an assessment is undertaken as to the pattern of work over the previous 12 months.

The additional criteria for assessment for a fixed-term casual is that the employee:

• has worked a regular and systematic pattern of hours on an ongoing basis for at least the last 12 months;
• has a reasonable expectation of ongoing employment.

Conversion of regular hours for permanent part-time employees 

Provision for conversion of additional hours worked on a regular and systematic pattern above the hours of the employee’s permanent part-time appointment.

Subject to the following criteria an employee can request the additional hours are converted to their permanent part-time hours appointment.

• An employee has completed a regular and systematic pattern of additional hours on an ongoing basis for at least the last 12 months;
• That the duties and hours are required on an ongoing basis; and
• That the hours are funded.

Reclassification Review – Higher Duties Allowance payable to date of application 

Amend ED1 (to be incorporated as part of the ED1 review) to provide that where a classification review results in an employee being assigned duties at a higher level; and where the delegate approves promotion without advertising, that payment of a Higher Duties Allowance will be made to that employee from the date at which the employee formally sought the review or the date at which the employer formally commenced the review whichever is the earlier.

Mobility

Parties to continue the commitment to consider the merits and value proposition of a Mobility Register and aim to develop policies and procedures to allow a Mobility Register to be established within the TSS employment framework, continuing the previous work and in accordance with Recommendation 49 of the Tasmanian State Service Review.