Public Sector Employment Management Act
The Public Sector Employment and Management Act is legislation passed by the government of the Australian state of New South Wales in 2002. The act contains laws dealing with the employment terms and conditions offered to state and local government employees and employees of state and local agencies, such as law enforcement and firefighter agencies. The act also contains provisions regulating the management of public employees, including regulations dealing with performance and conduct assessment. The act gives these powers to set and regulate wages and terms and conditions of employment to the state government of New South Wales.
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Salaries
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The state government has the power to set and fix wages and salaries for public sector employees in New South Wales, according to section 4E of the act. State government may also fix the terms and conditions offered to prospective employees in employment contracts. However, the state is still bound by laws contained in other acts. For example, the government of New South Wales cannot offer wages below the national minimum wage. The Fair Work Act of 2009 is a federal law applying to all Australian states, and the government of New South Wales must offer wages and terms and conditions of employment to its employees that at least match the minimum requirements set out in this federal act. They are free to set wages at any level above that federal minimum rate.
Employee Transfers
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If you work for a state government agency or a government department in New South Wales, you may transfer to a different department or agency if a position arises that you are qualified to fill. The head of the department that you currently work for, and the head of the department that you want to transfer to, must both approve of your transfer. You cannot be forced to transfer to another department against your will. If the head of your department reaches an agreement with the head of another department allowing your transfer to that department, the transfer cannot go through without your approval. When you do transfer to a different department or agency, you retain your salary and all benefits, unless you agree in writing to accept a lower salary following your transfer.
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Misconduct
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If a department head receives an allegation of misconduct against one of the department's employees, the department head must evaluate the allegation and follow one of two courses of action. The department head can take remedial action to deal with the employee, or he can follow the official disciplinary procedures. Disciplinary action can include dismissal from public service, a fine or an official reprimand. A department head can order an employee to resign within a specific period of time. Remedial action may involve arranging counseling or training for the employee; creating a plan of action that the employee agrees to follow aimed at improving the employee's work performance; or issuing a written warning to the employee outlining the employee's unacceptable conduct.
Temporary Employment
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A department head can appoint employees to work for the department temporarily. Departments may need to engage temporary employees to complete a specific task, such as transferring paper-based files to electronic-storage formats, or conducting a survey. Departments may also engage temporary employees to fill positions that are temporarily vacant, such as when permanent employees take maternity or family leave. A department may not engage a temporary employee for a period of more than three years, and a department head may dismiss a temporary employee at any time.
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