Non-APS Commonwealth agency to an APS agency
Last updated: 07 Jul 2016
This page is: current
A MoG change can lead to the movement of a Commonwealth function from a Commonwealth agency that is not an Australian Public Service (APS) agency (i.e. an agency that does not operate under the Public Service Act 1999) to an APS agency.
1. Agencies are expected to implement change in a way that is consistent with the principles outlined in the Executive Summary.
2. This page provides additional information for agencies when functions, staff and resources are moved to an Australian Public Service (APS) agency from a non-APS Commonwealth agency.
3. Organisations moving into the APS are encouraged to consult the Department of Finance (Finance) and the Australian Public Service Commission (APSC) early in the process to discuss the move.
Movement of people
4. Section 72(1)(c) of the Public Service Act 1999 (the PS Act) gives the Australian Public Service Commissioner (the Commissioner) the authority to move an employee from a non- APS Commonwealth agency to an APS agency. See People Management.
5. Agencies are advised to consider whether any additional legislation is needed to facilitate the movement of staff into the APS, for example, in specific legislation concerning the move.
Terms and Conditions
6. Where an employee from a non-APS Commonwealth agency moves to an APS Commonwealth agency their terms and conditions of employment may be varied following consultation [Public Service Regulation 1999– Regulation 8.2(2)].
7. Section 24(1) of the PS Act gives agency heads the authority to vary the terms and conditions of employment for agency employees. See Pay and Conditions.
8. Where the gaining agency indicates that it will require fewer staff to perform the function that is moved, management of excess staff will be part of negotiations between the agencies. Excess employees need to be identified as early as possible.
Working in the APS
The Public Service Act 1999
9. The principal act governing the employment, management and leadership of the Australian Public Service is the Public Service Act 1999 (the PS Act).
10. More information on subordinate legislation and other relevant legislation can be found at the Legislative Framework for the APS.
11. Section 20 of the Act gives an APS agency head, on behalf of the Commonwealth, all the rights, duties and powers of an employer in respect of APS employees in the agency. This includes engaging and promoting staff and terminating employment.
12. APS agency heads are responsible for managing workplace relations matters with their employees consistent with the provisions of the Fair Work Act 2009 (FW Act). Agency agreements and other instruments setting terms and conditions of employment must be consistent with the Government's employment and workplace relations policies, including the Government's Workplace Bargaining Policy 2015.
13. For non-Senior Executive Service (SES) employees, terms and conditions of employment are negotiated at the agency level in an enterprise agreement made under the FW Act. These agreements must contain terms that allow certain parts of the agreement, such as salary, to be varied by an individual agreement made between an employee and their agency.
14. For SES employees and their equivalents, terms and conditions of employment are set through individual arrangements, either common law arrangements or through a determination made under s.24(1) of the PS Act.
15. See Workplace Relations.
16. Gaining APS agencies are expected to conduct detailed induction program for employees new to the APS, to cover key features of working in the APS, including:
- APS Values, Employment Principles and Code of Conduct
- APS employment framework described in the Public Service Act 1999; and
- obligations under the Public Governance, Performance and Accountability Act 2013
Governance and Financial Management
17. For governance arrangements, please email, Governance.Policy@finance.gov.au.
18. For funding arrangements, please contact the Annual Appropriations Team (AMTMail@finance.gov.au).
19. For banking arrangements, please email Banking.Policy@finance.gov.au.
20. For financial reporting arrangements, please email email@example.com.