EMPLOYMENT PROCEDURE Title: Recruitment Reference: Clause B7 Clause B.7 of the Department of Infrastructure and Transport Enterprise Agreement 2011-2014 (the Enterprise Agreement) contains the Department’s conditions that apply to Recruitment. PURPOSE 1. This employment procedure sets out the Department of Infrastructure and Transport’s (the Department’s) recruitment and selection practices, consistent with the requirements of the Australian Public Service (APS) policy and legislative framework and the Enterprise Agreement. 2. This employment procedure provides a framework for recruitment and selection in the Department that: 3. is in accordance with the requirements of the Public Service Act 1999 (the PS Act), Australian Public Service Commissioner’s Directions 2013 (the Directions) and the Public Service Regulations 1999 (the Regulations); reflects the intent of Clause B.7 of the Enterprise Agreement; and provides the flexibility for the Department to effectively and efficiently manage recruitment and selection processes. Recruitment and selection arrangements in the Department operate to: ensure recruitment based on merit and equality of opportunity; facilitate recruiting high quality staff with the capability to deliver the Department’s business outcomes; ensure timely, effective, efficient and equitable recruitment processes and practices; recognise that ‘candidate care’ is important; and ensure compliance with APS legislative requirements. THE APS MERIT PRINCIPLE Engagement and Promotion 4. The APS Employment Principles, (PS Act 1999 (subsection 10A(1)) provide, among other things, that: The APS is a career-based public service that: o makes employment decisions with a fair system of review; and o makes decisions relating to engagement and promotion that are based on merit. Version July 2013 Department of Infrastructure and Regional Development 5. Recruitment A merit-based selection process for engagement or promotion (Section 2.8 of the Directions) is defined as when : in the aim and purpose of the selection process is determined in advance and information about the process is readily available to applicants; (a) the vacancy is notified in accordance with clause 2.9; (b) the selection process is applied fairly in relation to each eligible applicant; (c) the selection process is transparent and appropriately documented; (d) merit is the primary consideration in making the engagement or promotion decision, accordance with subsection 10A(2) of the Act; (e) the selection process is free from discrimination, patronage and favouritism, consistent with APS Employment Principle 10A(1)(f); (f) in the case of a decision to engage a person—the engagement would comply with the restrictions on engagement of redundancy benefit recipients in clause 7.1. 6. Clause2.9 (1) of the Directions require that the vacancy be advertised in APSjobs for a minimum of 7 calendar days before filling. Other selection decisions 7. Other selection decisions, such as assignment of duties at level or to a lower classified position, whether on an ongoing or temporary basis or temporary assignments to a higher classification, are required to be ‘fair’ in accordance with APS Employment principle 10A(1)(a). 8. There is no requirement under the PS Act or Public Service Commissioner’s Directions to advertise or hold a competitive selection process in such cases. It is open, for example, for an Agency Head to assign a person duties in order for the person to develop particular skills so as to enhance efficient and effective organisational performance. The Department’s advertising arrangements under the Enterprise Agreement are outlined below. Selection Committee 9. The Department’s selection committees comprise a minimum of two individuals, generally expected to be of a higher classification than the classification of the vacancy. The Chair of the selection committee is responsible for managing the recruitment and selection process including the selection committee composition and operation, cross divisional representation (i.e. a member of the selection committee should be from another Business Division than the advertised vacancy) and providing feedback to unsuccessful candidates. The Secretary or their delegate may be a member of the selection committee. 10. Selection committee members are strongly encouraged to undertake relevant selection and recruitment training prior to being a member of a selection committee. 11. The selection committee is responsible for: ensuring that the selection and recruitment process complies with the requirements of the PS Act, Public Service Regulations, PS Commissioner’s Directions and the Department’s recruitment and selection policy and procedures; understanding the requirements of the vacancy(ies); determining the most effective selection and assessment process, in consultation with the Secretary or their delegate; making a recommendation to the Secretary or their delegate, in accordance with relevant legislation and the APS merit principle, in relation to the outcome of the selection process; Version July 2013 2 Department of Infrastructure and Regional Development Recruitment declaring any perceived or actual conflict of interest that may exist or arise through the selection process; if the Secretary or their delegate and/or a member of the selection committee is also a referee, it is good practice to prepare the referee report(s) before the commencement of the formal assessment process; and managing the selection committee and the agreed recruitment and selection process. Independent Selection Advisory Committee (ISACs) 12. The Secretary may use ISACs for vacancies at the APS 2 to 6 Level. ISACs can be used for selection processes of any size but may be particularly appropriate for large selection processes or sensitive selection processes. ADVERTISING VACANCIES IN THE DEPARTMENT 13. APS legislation requires reasonable opportunity for eligible members of the community to apply for ongoing APS employment in the Department. Vacancies that are filled or likely to be filled through the engagement or promotion of a person must be advertised in APSjobs for a minimum of 7 calendar days. This advertising may be supplemented by the notification of the vacancy through other forms of advertising (e.g. seek.com or press). 14. Where a permanent vacancy exists, Business Divisions should: transfer an employee whose substantive level is the same as the vacancy; or advertise the vacancy for filling. 15. Jobs that are, or are likely to be, available either on an ongoing basis or a temporary basis for periods of greater than 8 weeks, will first be advertised for a minimum of three working days within the Department as open to ongoing departmental employees. Only ongoing employees being transferred at level or on reduction in classification may be assigned permanently to these vacancies without the vacancy having been advertised in the Commonwealth gazette. The Secretary or their delegate may require ongoing employees seeking transfer at level (or on reduction) to be considered through a merit selection process and so advertise the vacancy in the Commonwealth gazette (APSjobs). 16. The Secretary or their delegate may approve the permanent or temporary transfer of an APS employee to, or within, the Department in some circumstances where a vacancy has not been advertised, in accordance with Part 2.3 of the Directions. Generic Recruitment Arrangements 17. Generic recruitment campaigns may be conducted for any classification level with the resulting order of merit available for use for a period of up to 12 months from the date of the original APSjobs notification. 18. Business Divisions are encouraged to consider the benefits of ‘generic’ recruitment processes (ongoing and non-ongoing positions) at the Branch, Business Division and departmental level. Order of Merit 19. Selection panels are encouraged to create orders of merit of suitable candidates as part of the selection process and to include this list in the Selection Panel Report. The merit list can be accessed within the Department for other similar vacancies for up to 12 months from the date the original vacancy was advertised in APSjobs. 20. Candidates on an order of merit can be grouped in categories, such as highly suitable and suitable, which will make them eligible for similar opportunities that may arise with the Department within the 12 month period without readvertising or they can be ranked and placed accordingly on a merit list. Version July 2013 3 Department of Infrastructure and Regional Development Recruitment TRANSFER OF EMPLOYEES Transfers between APS agencies 21. Section 26(1) of the PS Act states that: An Agency Head may enter into an agreement in writing with an APS employee for the employee to move to the Agency Head’s Agency from another Agency. 22. When a departmental non-SES employee agrees to take up duties at the same classification level or lower, on an ongoing basis in another agency, the move takes effect four weeks after the employee notifies their current Executive Director of the move, unless all parties agree on an alternate date. 23. When a departmental non-SES employee is to take up duties on a temporary basis in another agency, the temporary movement can only occur with the approval of their current Executive Director. This move usually takes effect four weeks after the employee informs their Business Division of the move or as agreed. 24. Employees should be aware that while they will be assigned duties at the pre-transfer classification on their return, they may not be the same duties, or in the same area as before the transfer, and may be reassigned duties under Section 25 of the PS Act. Transfers within the Department 25. If an employee transfers within the Department, either on an ongoing or temporary basis at a new or existing level (higher or lower) in another Business Division, the move usually takes effect four weeks after the employee notifies their current Executive Director, unless an alternate date is negotiated. 26. Any temporary move or extension of a temporary move is subject to the agreement of the home Business Division and requests must include the period of the temporary transfer, or extension. Employees should be aware that while they will be assigned duties at the pretransfer classification on their return to their home Business Division, they may not be the same duties, or in the same area as before the transfer and may be reassigned duties under Section 25 of the PS Act, particularly in the case of long term temporary assignment. Redeployment of APS Employees 27. In seeking to fill a vacancy, Business Divisions after advertising internally should consider employees who have been declared excess within the wider APS by contacting the Recruitment team who will conduct a search of the APSC redeployment register. 28. Recruitment should be contacted prior to advertising the vacancy in APSJobs or in the press and prior to calling for expressions of interest for interagency opportunities. PANELS AND TIMEFRAMES The Department’s Target Times for Recruitment 29. The Department has a target time of 20 working days within which to finalise 80% of all selection and recruitment processes. The timeframe commences on the application closing date and ceases when the recruitment process is signed off by the Secretary or their delegate. The Department’s Panel of Recruitment Providers 30. The Department has established a panel of organisations that are able to provide a range of recruitment services for the Department, including contracting ‘labour hire’ staff, executive search and scribing services (excluding scribing services for regional offices). 31. External recruitment providers may undertake the full range of selection and recruitment processes, in accordance with departmental procurement procedures. Version July 2013 4 Department of Infrastructure and Regional Development Recruitment Candidate Care 32. The Department recognises that candidate care is an important part of the recruitment and selection process. Selection committees should communicate often with candidates, treating all candidates with respect and courtesy. Feedback advising why an applicant was not successful is to be offered to unsuccessful applicants. SALARY AND REMUNERATION Determining salary as the result of a selection process 33. The Secretary or their delegate will take account of a candidate’s experience, including any previous periods of Additional Responsibility Allowance or equivalent, at or above the level of the position applied for, qualifications, skills and other relevant factors in accordance with Section F of the Enterprise Agreement, in determining the successful candidate’s salary and date of next salary advancement as the result of a recruitment and selection process. Further information is available in the Salary on Engagement, Promotion and Movement from another APS Agency, Salary Progression and Negotiating Salary Supplement Employment Procedure. Remuneration arrangements 34. Successful applicants should be offered remuneration and other terms and conditions of employment that recognise individual experience, qualifications, circumstances and market forces under the Enterprise Agreement. 35. All proposals for remuneration that are not consistent with salary rates set out in the Enterprise Agreement require the Secretary’s or their delegate’s agreement. RESPONSIBILITIES 36. The delegate is responsible for: ensuring that the selection and recruitment process complies with the requirements of the PS Act, Public Service Regulations, Public Service Commissioner’s Directions and departmental recruitment and selection guidelines and procedures and is merit based; consideration of the request to advertise and ensuring the advertising and promotion of departmental vacancies is in accordance with this procedure; determining the recruitment and selection process, including appropriate assessment arrangements, in consultation with the selection committee (where one has been formed); deciding the outcome of the selection process, based on relevant advice and information; declaring and/or managing any perceived or actual conflict of interest that may exist or arise through the selection process; and ensuring the selection panel has the selection and assessment capability to undertake the selection process. 37. The People and Performance Branch in Corporate Services Business Division is responsible for: providing advice and guidance on recruitment and selection policy; providing recruitment and selection training for departmental employees; and administration, such as preparing letters of offer, in relation to the recruitment and selection of employees. REVIEW OF ACTIONS 38. The Public Service Regulations (Part 5) provide for a review of certain promotion decisions involving promotion to a classification of APS Levels 2 to 6. Ongoing APS employees who are Version July 2013 5 Department of Infrastructure and Regional Development Recruitment unsuccessful applicants for promotion to the relevant employment may apply to the Merit Protection Commissioner to have the promotion decision reviewed by a Promotion Review Committee. These promotion decisions can only be reviewed on the ground of merit. 39. The PS Act provides for a fair system of review of employment decisions (APS Employment Principle (1)(a). Consistent with this, section 33 of the PS Act and Part 5 of the Regulations provide that a non-SES APS employee is entitled to make an application for review, under the Regulations, of an action that relates to his or her employment. Procedures for managing requests for a review of employment action under section 33 the PS Act is at Review of Employment Actions Employment Procedures. DEFINITIONS Engagement refers to the act of employing a person as an APS employee. APSjobs refers to the Commonwealth of Australia Public Service Gazette managed by the Australian Public Service Commission. Agencies must publish all notifications in this Gazette. Independent Selection Advisory Committee (ISAC) is an independent three member committee that makes recommendations to an Agency Head about the suitability of candidates for engagement at, promotion to, or assignment of duties at, classifications included in APS Classification Levels APS 1 to 6 in the agency. Movement refers to a move of an ongoing employee between APS agencies. Promotion means the ongoing assignment of duties to an ongoing employee at a higher classification than the one held by the employee. A promotion will also involve a ‘movement’ if the promotion is from another agency. The usual basis for APS employment is as an ongoing employee. Ongoing employment has no expected duration or end date. Non-ongoing employees are employed under s22 of the Public Service Act and the Department’s Enterprise Agreement for either: a specified term; or for the duration of a specified task; or for duties that are irregular or intermittent. RELATED PUBLICATIONS Department Recruitment Handbook Department of Infrastructure and Transport Enterprise Agreement 2011-2014 Public Service Act 1999 Public Service Commissioner’s Directions 2013 Public Service Regulations 1999 Independent Selection Advisory Committee Australian Public Service Commission Author: People and Performance Branch Authorised by: Secretary Version July 2013 Date: 2 July 2013 Date: 2 July 2013 6