Informing employees

The Regulations require agencies to take reasonable steps to ensure information regarding the Standards and Regulations is available to employees.

This section

This section provides information about:

  • informing employees about the Standards and Regulations
  • notifying relevant people when a decision is made about employment processes and grievances.
Tips for informing employees

It is up to the agency to decide how to make information available to employees about the Standards and Regulations. Some examples are outlined below.

  • Placing information on the agency’s intranet. 
  • Providing a link from the agency’s intranet to the Commission’s website at www.publicsector.wa.gov.au
  • Providing a link from the agency’s intranet to the Regulations on the State Law Publisher’s website at www.slp.wa.gov.au
  • Including information in induction programs and training sessions for management and staff.
  • Including information in policy documents that are accessible to employees.
  • Circulating the Commission’s claimant guide to employees and job applicants and placing the guides in areas accessible to employees, for example, lunchrooms and reception areas. The guides can be downloaded from the Commission’s website.

Requirements to notify employees of certain decisions

Employment Standard

The Regulations establish when notification must be provided for decisions relating to the Employment Standard.

Notifiable employment decisions include:

  • appointments to fill a vacancy of more than six months
  • appointments to fill a vacancy of six months or less if the vacancy was advertised on the basis that the period of the appointment could later be extended to more than 
  • six months or made permanent
  • selection to form part of an appointment pool.

While an employee may be able to lodge a breach of Standard claim about other decisions that relate to the Employment Standard, they are not ‘notifiable’. Notifiable employment decisions do not include transfers. Acting appointments are not notifiable unless the vacancy was advertised on the basis that the person appointed could later become permanent. See the table on pages 16 and 17 of this guide for information about when notification is required for decisions relating to the Employment Standard.

Grievance Resolution Standard

Notification must be provided to employees affected by decisions arising from a completed grievance process. This includes where an agency decides that no action will be taken.

People to be notified include the employee who made the grievance and any employee who was the subject of the grievance.

Where an agency has procedures for moving from an informal to a formal grievance process, the reviewable decision to which the Standard applies is the decision that ends the formal grievance process.

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Other Standards

There is no requirement to notify employees about decisions covered by the other Standards.

However, as discussed above, the Regulations require reasonable steps are taken to inform employees of the Standards and the operation and effect of the Regulations. It is suggested that agencies communicate the reasons for these decisions to the relevant parties. This may assist the affected person(s) to understand the process undertaken and how the agency made the decision. it may also reduce the number of breach of Standard claims being made.

Human Resource Transactions: The Employment Standard applies to all of the following transactions What advertising can be undertaken? Do breach claim rights apply? Is notification of breach claim rights required? Does the breach claim stop the decision from being implemented?

A vacancy is advertised on the basis it is for more than six months or for six months or less if there is the possibility of an extension or permanency.

The purpose of advertising is to recruit to the vacancy.

General or targeted advertising

Yes

Notification is provided to unsuccessful applicants

Yes

A vacancy is advertised on the basis it is for six months or less with no possibility of extension.

The purpose of advertising is to recruit to the vacancy.

General or targeted advertising

No

Not applicable

Not applicable

An expression of interest is circulated for an acting opportunity for six months or less, with no possibility of an extension or permanency.

The purpose of advertising is to provide existing employees with an internal acting opportunity.

Expression of interest (internal)

No

Not applicable

Not applicable

An expression of interest is circulated for an acting opportunity for more than six months, with no possibility of permanency.

The purpose of advertising is to provide existing employees with an internal acting opportunity.

Expression of interest (internal)

Yes

No

No

Quarantined advertising is an invitation for permanent employees to apply for particular vacancies at their substantive level.

This is used to minimise the potential for displacement of existing permanent Public Sector employees which may result from a restructure or amalgamation.

Internal

An invitation for existing permanent employees to apply at level

No

No

No

A vacancy is not advertised and is filled by an individual assessment of merit in accordance with Part 4 Commissioner’s Instruction No. 2 - Filling a public sector vacancy. Applies where one person only is assessed and appointed to a vacancy.

Not applicable

No

Not applicable

Not applicable

A transfer occurs for a permanent employee at level, with no right of return.

No advertising required

Only where the employee has had a transfer request declined, or has been told they will be transferred at the initiative of the agency.

No

No

A secondment or acting opportunity is advertised on the basis it could later become permanent.

General or targeted advertising

Yes

Yes. Notification is provided to unsuccessful applicants.

Yes

A fixed term contract opportunity is advertised on the basis it could later become permanent.

General or targeted advertising

For the permanent appointment of a fixed term contract employee to a public service vacancy (employed under Part 3 of the PSM Act) the vacancy must have been advertised on Jobs WA (s.64.4 of the Act).

 

Yes

Yes. Notification is provided to unsuccessful applicants.

Yes

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Checklist of information to be included when notifying people of certain decisions
When providing notification for an employment decision (under the Employment Standard) or a reviewable decision (under the Grievance Resolution Standard), the following information should be included:
  • a person may lodge a claim if they believe the agency has breached a Standard and they have been adversely affected by that breach
  • the claim should be made in writing and outline how the Standard has been breached and how they have been adversely affected by the breach
  • the claimant should include relevant information or documents to support their claim
  • where in the agency the claim is to be lodged (eg. HR) 
  • who in the agency they should contact if they wish to seek further information about the process undertaken or the breach claim process 
  • the date by which a claim is to be lodged with the agency (this depends on the process conducted).This should be a minimum of four* or 10 working days after the date the claimant could reasonably be expected to have received the notification.

*Please note:
For notifiable employment decisions under the Employment Standard a minimum of four working days is required. The agency may consider more than four working days when setting the lodgement period.  
For grievances, the prescribed lodgement period is 10 working days.
The agency may choose to provide the claimant with the template claim form in the 'Breach claim materials' section.

Agencies should consider reasonable postal delivery times when setting a lodgement date for breach of Standard claims.

 

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Page last updated 30 December 2014